GIFT  OF 


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Grp'T 

•^01'    2   (9,4 


DIGRST  OF  LAWS  RELATING  TO 

FREE    SCHOOLS 

IN  THE  STATE  OF  ARKANSAS 

Issued       by       the 

Department  of  Public 
.'.  .'.  Instruction  .*.  .'. 

' 

19  14 

"       Of   T!-!S 

^^  UN?VEHSlTY 

DIGEST  OF  LAWS  RELATING 
TO  FREE  SCHOOLS  IN 
THE   STATE    OF    ARKANSAS 

Issued  by  the  DEPARTMENT  of 

PUBLIC   INSTRUCTION 
19  14 


This  book  is  the  property  of  the  State  of  Arkansas.  The  law 
states  that  it  may  be  furnished  only  to  school  officers.  When  a 
director  retires  from  office  this  book  and  all  school  records  and  re- 
ports should  be  delivered  to  his  successor  in  office. 


GEO.  B.  COOK,  Superintendent. 


1914 
THE  SENTINEL  RECORD 
Hot  Springs,  Ark. 


v^<r. 


v>^^^1 


x^^.^ 


Digest  of  School  Laws 


FREE  SCHOOLS. 

Section  7484.  Intelligence  and  virtue  being  the 
safeguards  of  Mberty,  and  the  bulwark  of  a  free  and  good 
government,  the  state  shall  ever  maintain  a  generai, 
suitable  and  efficient  system  of  free  schools,  whereby  all 
persons  in  the  state,  between  the  ages  of  six  and  twenty- 
one  years,  may  receive  gratuitous  instruction. 

STATE  BOARD  OF  EDUCATION. 

(Acts  1911,  Act  431.    Approved  June  1,  1911.) 

Note: — Act  431,  Acts  1911,  approved  June  1,  1911,  creating 
State  Board  of  Education  and  delegating  powers  to  same,  placed 
ttiere  in  conformity  to  sectional  digest  of  existing  authorities,  is 
properly  amendatory  to  Sec.  750*5,  Kirby's  Digest,  g.  v.,  and  amends 
Art.  3128,  Acts  1911,  approved  May  30',  1911,  hereinafter  set  forth 
as  Sees.  7699  a.  et  seq.  q.  v. 

7484-a. — Of  Whom  Composed,  Etc. 

SECTION  1.  A  State  Board  of  Education,  to  be  com- 
posed of  the  State  Superintendent  of  Public  Instruction 
and  one  member  from  each  congressional  district,  is 
hereby  created.  The  State  Superintndent  of  Public  In- 
struction shall  be  ex-officio  chairman  of  said  board.    The 


29:>.n9J 


DIGEST  OF  SCHOOL  LAjWIS. 

members  of  said  board,  other  than  the  State  Superinten- 
dent of  Public  Instruction,  shall  be  appointed  and  com- 
missioned by  the  Governor,  subject  to  confirmation  by 
the  Senate. 

7484-&. — Members  to  Subscribe  to  Oath, 

Sec.  2.  The  members  of  said  board,  other  than  the 
State  Superintendent  of  Public  Instruction,  shall  take 
and  subscribe  to  the  oath  of  office  as  provided  in  section 
5763,  Kirby's  Digest. 

7484-c. — Term  of  Office  of  Appointed  Members, 

Sec.  3.  The  term  of  office  of  the  appointed  mem- 
bers shall  be  seven  years,  and  until  their  successors  are 
appointed  and  qualified;  provided,  that  in  the  appoint- 
ment of  the  first  State  Board  of  Education,  one  member 
shall  be  appointed  for  one  year,  one  for  two  years,  one 
for  three  years,  one  for  four  years,  one  for  fiwe  years,, 
one  for  six  years,  and  one  for  seven  years.  If  a  vacancy 
shall  occur  on  said  board,  the  vacancy  shall  be  filled  by 
appointment,  as  provided  in  section  1,  and  said  member 
so  appointed  shaill  serve  out  the  unexpired  term  of  the 
Eiember  in  verbose  place  he  is  appointed. 

7484-cZ. — When  to  Convene  Annually  or  Oftener. 

Sec.  4.  The  State  Board  of  Education  shall  meet  an- 
nually on  the  first  Monday  of  September  of  each  year,  in 
the  office  of  the  State  Superintendent  of  Public  Instruc- 
tion; provided,  the  State  Superintendent  of  Public  In- 
struction, as  chairman  of  the  State  Board  of  Education,. 
may  convene  said  board  at  any  time  upon  five  days  writ- 
ten notice  to  the  members  thereof;  provided  further,  that 
the  chairman  of  the  board  shall  call  a  meeting  thereof  at 
any  time  upon  the  written  petition  of  four  members  of 
said  board. 


DIGEIST  OF  SCHOOL,  DAWS. 

7484-e. — Members    to  Perfect   Organization   of   Board. 

Sec.  5.  As  soon  as  practicable,  after  the  appoint- 
n.ent  and  qualification,  the  members  of  said  board  shall 
meet  in  the  office  of  the  State  Superintendent  of  Public 
Instruction  and  elect  one  of  their  number  secretary.,  per- 
fect the  organization  of  said  board  and  adopt  such  rules 
and  regulations  as  they  may  deem  advisable  for  the  per- 
formance of  the  duties  of  said  board  as  hereinafter  set 
forth. 

7484-f . — Expenses  Allowed  Only  to  Members  Appointed. 

Sec.  6.  The  appointed  member  of  said  board 
shall  serve  without  remuneration,  other  than  their 
actual  traveling  and  hotel  expenses  when  attending  the 
meetings  of  said  board,  such  expenses  to  be  paid  upon 
the  certificate  of  lihe  chairman  and  secretary  of  said 
iDcard  to  the  Auditor  of  State,  who  shall  issue  his  warraat 
upon  the  State  treasury  in  payment  of  same. 

7484-5r. — Board  to  Have  Management  of  School  Funds. 

Sec.  7.  The  State  Board  of  Education  shall 
have  the  management  and  investment  of  the  common 
school  fund  belonging  to  the  State,  and  shall,  from  tim« 
to  time,  as  the  same  may  accumulate,  securely  invest  the 
said  funds  in  bonds  of  the  United  States  or  the  State  of 
Arkansas. 

7484-/1. — May  Direct  Action  to  be  Brought  for  Recovery 
of  School  Funds, 

Sec.  8.  All  moneys  required  by  (law  to  be  paid  into 
the  treasury  to  the  credit  of  the  common  school  fund 
may,  if  the  same  be  not  paid  within  thirty  days  after 
they  shall  have  become  due  and  payable,  be  recovered, 
with  interest  due  thereon,  by  action  in  any  court  having 


DIGEIST  OF  S'OHOOL  UAWB. 

jurisdiction;  and  su'ch  action  shall  be  prosecuted  by  the- 
Attorney  General  of  the  State  or  by  the  prosecuting  at- 
torney of  any  judicial  district  within  this  State,  when  so 
directed  by  said  board. 

7484-i — Auditor  to.  Report  to  Board  Annually  Condition 
of  School  Fund. 

Sec.  9.  The  State  Auditor  shall  annually,  on  the 
first  Monday  in  September,  transmit  to  the  State  Board 
of  Education  a  report  of  the  condition  of  the  school  fund 
on  the  first  day  of  September,  with  an  abstract  of  the 
accounts  thereof  in  his  office. 

7484-;. — Board  May  Direct  Auditor  to  Draw  Warrants 
on  School  Funds  to  he  Invested  in  Bonds. 

Sec.  10.  The  State  Auditor  shall,  under  the  direc- 
tion of  the  State  Board  of  Education,  draw  warrants  on 
the  State  Treasurer  for  the  payment  of  all  or  any  por- 
tion of  the  common  school  fund  belonging  to  the  State, 
for  the  purchase  of  bonds  or  other  securities  in  which 
the  same  is  by  law  invested. 

7484-A;. — Duty  of  Treasurer. 

Sec.  11.  The  State  Treasurer  shall,  by  virtue  of 
such  warrant,  pay  from  the  uninvested  common  school 
fund  the  purchase  money  for  said  securities,  and  shall 
receive  and  deposit  the  same  in  the  State  treasury  for 
safe-keeping,  and  receipt  to  the  State  Superintendent  of 
Public  Instruction,  as  chairman  of  said  board,  for  the 
kind  and  amount  of  such  securities. 

7484-Z. — Board  to  Settle  Annually  With  Treasurer. 

Sec.  12.  Said  board  shall,  at  their  annual  meet- 
ing, settle  with  the  State  Treasurer  all  accounts  of  the 
common  school  fund  not  before  settled;  and  shall  ratify 


6 


DIGEIST  OF  SCHOOL  DAWS. 

the  apportionment  of  the  common  school  funds  by  thgi 
State  Superintendent  of  Public  Instruction,  as  provided 
by  section  7521  of  Kirby's  Digest. 

7484-m.^ — Power  to   Grant  Charters  to  Institutions  of 

Learning. 

Sec.  13.  The  powers  and  duties  now  imposed 
upon  the  Governor,  Secretary  of  State  and  the 
State  Superintendent  of  Public  Instruction,  as  a  board 
for  the  chartering  of  educational  institutions,  as  pro- 
vided in  section  924  of  Kirby's  Digest,  shall  hereafter 
devolve  upon  the  State  Board  of  Education.  Said  board 
shall  have  the  sole  power  to  grant  charters  to  academies, 
colleges,  universities,  and  all  other  higher  institutions  of 
learning,  determine  what  institutions  may  confer  de- 
grees and  under  what  conditions,  inspect  all  ehartered 
institutions,  and  to  revoke  their  charters,  for  failure  to 
maintain  such  standards  as  may  be  required.  All  char- 
ters heretofore  granted  shall  be  examined  by  the  board 
and  it  shall!  have  authority  to  issue  new  or  revised  char- 
ters, if  necessary,  to  bring  all  into  conformity  to  the 
rules  of  said  board.  In  dealing  with  charters,  the  At- 
torney General  shall  be  consulted  and  no  rule  shall  be 
adopted  or  order  issued  without  his  approval. 

7484-?z. — County  License  Made  State  Wide;  How. 

Sec.  14.  Any  teacher  holding  a  first  grade  county 
license  in  any  county  in  this  State,  desiring  to  have  said 
license  made  state-wide,  may  apply  to  the  State  Superin- 
tendent of  Public  Instruction  for  an  examination.  It 
shall  be  the  duty  of  the  State  Superintendent  of  Public 
Instruction  under  the  supervision  of  the  State  Board 
of  Education,  to  examine  said  applicant  and  to  deter- 
mine whether  or  not  his  license  shall  be  made  state- 
wide.    Said  examination  shall  be  made  by  said  Super- 


DIGtElST  OF  SOHOOL  liAWlS. 

intendent  of  Public  Instruction  by  an  examination  of 
the  papers,  the  questions  propounded  by  the  county  ex- 
aminer or  county  superintendent,  and  the  answers  of  the 
applicant  thereto,  at  any  regular  quarterly  examination 
before  said  county  examiner  or  county  superintendent, 
at  the  time  said  first  grade  certificate  was  granted  and 
issued  to  said  applicant,  and  such  further  evidence  as 
the  State  Superintendent  of  Public  Instruction  may  de- 
sire. It  shall  be  the  duty  of  the  county  examiner  or 
county  superintendent,  at  the  request  of  any  teachsr, 
holding  a  first  grade  certificate  and  desiring  to  take  the 
examination,  as  herein  stated,  to  transmit  to  the  State 
Superintendent  of  Public  Instruction  the  questions  pro- 
pounded by  him,  and  the  answers  of  the  applicant  thereto, 
at  the  regular  quartenly  examination  at  which  said  first 
grade  certificate  was  granted  to  said  applicant,  the  cost 
of  transmission  to  be  paid  by  said  applicant.  If  the 
State  Superintendent  of  Public  Instruction  shall  be  satis- 
fied from  an  examination  of  the  applicant,  as  aforesaid, 
that  he  is  of  good  moral  character  and  qualified  to  teach 
and  to  hold  a  first  grade  certificate,  he  shall  issue  to  said 
applicant  a  certificate  of  the  same  grade  as  that  held  oy 
said  applicant,  and  said  certificate  shall  authorize  said 
applicant  to  teach  in  any  county  of  this  State,  without 
further  examination,  for  the  period  of  time  specified  in 
the  certificate  originally  issued  to  him  by  the  county  ex- 
aminer or  county  superintendent.  A  fee  of  one  dollar 
shall  be  charged  and  collected  from  said  applicant  for 
said  examination,  the  same  to  be  paid  into  the  State 
treasury  and  credited  to  the  institute  and  library  fund, 
as  now  provided  in  case  of  fees  for  State  and  pro- 
fessional licenses.  The  expense  of  grading  said  papers 
shall  be  paid  out  of  the  said  institute  and  library  fund 
upon  the  requisition  of  the  State  Superintendent  of  Pub- 
lic Instruction  to  the  State  Auditor,  who  shall  issue  his 


8 


DIGiElST   OF  SCHOOL  LAWS. 

warrant  upon  the  State  treasury  in  payment  of  said  ex- 
pense. -  In  no  case,  however,  shall  the  cost  of  any  exam- 
ination exceed  the  fees  paid  by  the  applicant  for  same. 

7484-0. — May  Issue  State  or  Professional  Licenses;  When, 

Sec.  15.  The  State  Superintendent  of  Public  In- 
struction, under  the  supervision  of  the  State  Board  of 
Education,  may  issue  state  or  professional  licenses  based 
upon  state  teachers'  certificates  granted  in  other  states, 
or  based  upon  normal  school  diplomas,  or  degrees  from 
educational  institutions,  if  it  be  shown  to  the  satisfac- 
tion of  said  superintendent  and  board  that  the  examina- 
tion required  of  said  applicant,  or  course  of  study  pur- 
sued by  him,  was  of  the  standard  required  for  the  issu- 
ance of  state  or  professional  licenses.  All  applicants  for 
such  licenses  shall  pay  the  same  fee  and  in  the  same  man- 
ner as  is  now  prescribed  by  law  for  professional  and 
state  licenses.  In  the  issuance  of  all  certificates  said 
superintendent  and  board  shall  require  satisfactory  evi- 
dence of  the  good  moral  character  and  successful  teach- 
ing experience  of  the  applicant.  Said  superintendent, 
under  the  supervision  of  said  board,  shall  have  the  power 
and  authority  to  revoke,  for  good  cause  shown,  any  cer- 
tificate or  license  granted  under  authority  conferred  by 
this  Act  to  teach  in  the  public  schools. 

Provided,  any  county  examiner  or  county  superin- 
tendent may  issue  county  license  based  upon  state  teach- 
ers* certificate  granted  in  other  states,  or  based  upon 
normal  school  dipdomas  or  degrees  from  educational  in- 
stitutions, for  which  he  shall  receive  the  fee  now  pro- 
vided for  county  license ;  provided,  license  from  the  State, 
or  diploma  from  the  normal  scShool,  or  degree  from  the 
educational  institution  issuing  the  State  license,  diploma 
or  degree  upon  which  the  county  license  is  based,  has 
been  recognized  and  accredited  by  the  State  Board  of  Ed- 


DIOEST   OF  S'OHOOL  DAWS. 

ueation,  but  if  license  from  State  issuing  said  certificate, 
or  school  issuing  said  diploma  or  degree  has  not  been 
passed  upon  by  the  State  Board  of  Education,  it  shall  do 
so  at  the  request  of  any  county  examiner  or  superinten- 
dent, at  its  next  regular  meeting;  i^rovided,  the  diploma, 
degree  or  state  license,  with  other  proper  data,  be  filed 
with  the  State  Board  of  Education,  when  it  shall  place 
the  same,  or  refuse  to  place  the  same  upon  the  accredited 
list. 

7484-2:>. — Board  to  Have  Supervision  of  the  Public 
Schools  of  the  State. 

Sec.  16.  The  State  Board  of  Education  shaU 
have  general  supervision  of  the  public  schools  of 
the  State;  may  prepare  and  distribute  plans  and 
specifications  for  the  construction  and  equipment  of 
school  buildings,  when  called  upon  to  do  so;  provide 
courses  of  study  for  rural,  elementary,  graded  and  high 
schools;  prescribe  plans  for  the  organization  and  con- 
duct of  teachers'  institutes;  prescribe  rules  and  regula- 
tions for  the  sanitary  inspection  of  all  school  buildings, 
and  for  the  examination  of  pupils  in  order  to  detect  con- 
tagious and  infectious  diseases  and  physical  defects,  and 
shall  take  such  other  action  as  may  by  said  board  be 
deemed  necessary  and  expedient  to  promote  the  physical 
welfare  of  the  school  children;  shaJll  classify  and  stan- 
dardize the  public  schools,  prescribe  the  requirements  for 
accrediting  graded  and  high  schools;  provide  for  new 
forms  of  educational  efforts;  and  shall  in  general,  take 
such  action  as  may  be  necessary  to  promote  the  organ*- 
zation  and  increase  the  efficiency  of  the  educational  sy^"- 
tem  of  the  State. 

Provided,  that  nothing  in  this  Act  shall  be  so  con- 
strued as  to  give  to  the  State  Board  of  Education,  herein 
provided  for,  or  to  the  State  Superintendent  of  Public 

10 


DIGEST  QP^  S'OHOOL  DAWiS. 

•  Instruction  any  power  or  authority  to  recommend  or 
prescribe  any  text  book  to  be  adopted  or  used  in  any 
public  school  or  schools  of  the  State  and  that  this  Act 
does  not  repeal  any  statutes  regarding  the  adoption  and 
use  of  text  books  and  shall  not  be  construed  to  curtail  or 
limit  the  powers  of  the  directors  of  any  school  district  lu 
the  State. 

7484-g. — Board  to  Keep  Record  of  Proceedings. 

Sec.  17.  Said  State  Board  of  Education  shall  keep  a 
complete  record  of  all  its  proceedings  and  the  same  shall 
be  filed  with  the  permanent  records  of  the  State  Super- 
intendent of  Public  Instruction;  shall  prepare  a  report 
which  shall  be  incorporated  with  the  report  of  the  State 
Superintendent  of  Public  Instruction  each  biennial  term. 

7484-r. — Board  to  Adopt  Seal  of  Superintendent  of 
Public  Instruction. 

Sec.  18.  The  seal  of  the.  State  Superintendent  of 
Public  Instruction  shall  be  adopted  and  used  by  the  Stale 
Board  of  Education. 

REPEALING  CLAUSE. 

All  laws  and  parts  of  laws  in  conflict  herewith  are 
hereby  repealed,  and  this  law  shall  go  into  effect  and  be 
h   force  from  and  after  its  passage. 

Sec.  7485.  Poiuers  of  General  Assembly. — The  gen- 
eral assembly  shall  provide,  by  general  laws,  for  tjhe  sup- 
port of  common  schools  by  taxes,  which  shall  never  ex- 
ceed in  any  one  year  three  mills  on  the  dollar  on  the  tax- 
able property  of  the  state;  and  by  an  annual  per  capita 
tax  of  one  dollar,  to  be  assessed  on  every  male  inhabitant 
of  this  state  over  the  age  of  twenty-one  years.  Provided, 
the  general  assembly  may,  by  general  law,  authori?.e 
school  districts  to  levy,  by  a  vote  of  the  qualified  electors 


11 


DIG'EST  OF  SCHOOL  LiAjW'S. 

cf  such  districts,  a  tax  not  to  exceed  seven  mills  on  the 
dollar  in  any  one  year  for  school  purposes.  Provided 
further,  that  no  such  tax  shall  be  appropriated  to  any 
other  purpose,  nor  to  any  other  district,  than  that  for 
which  it  was  levied.  Art  XIV.,  Sees,  1  and  3,  Const  As 
amended  by  Const.  Amendment  No.  8. 

APPROPRIATION  OF  SCHOOL  TAX.— The  provision  la  Art. 
14,  iSection  3,  of  Const.  1874,  that  a  tax  levied  for  school  purposes 
shall  not  be  appropriated  "for  any  other  purpose"  does  not  mean 
that  a  tax  voted  for  school  building  purposes  shall  not  be  appro- 
priated for  any  otiher  school  purpose,  but  only  that  it  shall  be  used 
for  school  purposes. — ^School  Distri^ct  of  Hartford  v.  West  Hartford 
Special  School  District.— 102  Ark.,  261. 

Const.  1874,  Art.  14,  Sec.  2,  providing  that  no  school  tax  shall 
be  appropriated  "to  any  other  district  than  that  for  which  it  was 
levied,"  does  no  prohibit  the  Legislature  from  providing  for  an 
apportionment  lof  school  tax  colle'cted  by  a  district  where  a  portion 
of  its  territory  has  been  annexed  to  another  district. — Ibid. 

(Acts  1909,  Act  234.     Approved  May  12,  1909.) 

Note: — Sees.  7485-a  to  7485-z  inclusive  embrace  the  provisions 
of  three  separate  compulsory  attendance  laws;  Sees.  7485-a  to 
7485-i  inclusive  embracing  the  provisions  of  Act  234,  approved 
May  12,  1909;  Sees.  748'5-j  to  7485-p  inclusive  embracing  the  provi- 
sions of  Act  231,  approved  April  28,  1911,  and  Sees.  7485-q  to 
7485-^.  embracing  the  provisions  of  Special  Act  347,  approved  May 
51,   1909. 

7485-a. — Required  to  Attend  School  One-half  Time.    • 

Sec.  1.  Every  parent,  guardian  or  other  person  m 
the  State  of  Arkansas,  having  charge  or  control  of  any 
child  between  the  ages  of  (8)  and  (16)  years,  shall  cause 
such  child  to  attend  regularly  some  day  school,  public, 
private,  parochial  or  parish,  not  less  than  one-lhalf  of  the 
entire  time  the  public  school  said  child  attends  is  in  ses- 
sion, during  any  one  year,  or  shall  provide  such  child  at 
home  with  such  regular  daily  instruction  during  the 
i^sual  hours  as  shall  be,  in  the  judgment  of  court  or 
school  board  ihaving  competent  jurisdiction,  substantiat- 
Iv  equivalent  to  at  least  the  instructions  given  the  child- 


12 


DIOEST  OF  SCHOOL  LAWS. 

ren  of  like  age  and  advancement  at  the  day  public  school 
ih  the  ^locality  in  which  said  child  resides. 

Provided,  that  every  parent,  guardian  or  other  per- 
son in  the  state  of  Arkansas,  having  charge  and  control 
of  any  child  between  the  ages  of  sixteen  and  twenty 
years,  who  is  not  actively,  regularly  and  lawfully  sn- 
gi:ged  in  some  useful  employment  or  service,  ^hall  cause 
said  child  to  attend  school  as  hereinbefore  provided  for 
children  from  8  to  16  years. 

7485-&. — Child  Excused  From  Attendance;  When. 

Sec.  2.  Any  child  between  the  ages  aforesaid  may  be 
excused  temporarily  from  complying  with  the  provisions 
of  this  act,  in  whde  or  in  part,  if  it  be  shown  to  a  court 
of  competent  jurisdiction  or  school  board  of  such  district, 
that  said  parent  or  guardian,  or  person  having  charge  or 
control  of  said  dhild,  is  not  able  through  extreme  destitu- 
tion to  provide  proper  clothing  for  said  child,  or  that 
said  child  is  mentally  or  physically  incapacitated  to  at- 
tend school  for  the  whole  period  required  or  any  part 
thereof,  or  that  there  is  no  public  school  taught  within 
two  and  one-half  miles  of  the  residence  of  said  child  by 
the  nearest  traveled  road,  or  that  the  labor  of  said  child 
is  absolutely  necessary  for  the  support  of  the  family,  or 
that  said  child  has  completed  a  common  school  course, 
Including  seven  (7)  grades,  and  has  certificate  of  same 
from  the  school  said  child  attended.  If  any  child,  or 
children,  are  unable  to  attend  school  as  hereinbefore  re- 
quired by  not  being  able  to  procure  books,  on  satisfactory 
proof  of  same,  the  respective  school  board  shall  purchase 
said  books  out  of  the  general  school!  fund  of  said  district. 

7485-c. — Board  to  Appoint  Officer  to  Enforce  Act, 

Sec.  3.  The  board  having  charge  of  a  public  school  in 
a  city  or  district  shall  appoint  for  a  period  of  one  year^ 


13 


DIOElST  OF  SCHOOL  DAW'S. 

one  or  more  attendance  officers  to  enforce  the  provisions 
of  this  act.  The  fees  of  said  attendance  officers  shall 
be  the  same  as  that  of  peace  officers  for  similar  service, 
and  said  fees  shall  be  paid  from  the  public  sdhool  funds 
of  the  city  or  district.  The  attendance  officers  shall 
serve  written  or  printed  notices  upon  the  parents  or 
guardians,  or  persons  who  have  charge  and  control  of 
any  child  or  children  as  aforesaid  who  violate  the  pro- 
visions of  this  act,  and  shall,  when  reasonable  doubt  ex- 
ists as  to  the  age  of  any  child,  require  a  properly  attested 
birtlh  certificate  or  an  affidavit  stating  such  child's  ag-3, 
the  date  of  birth  and  physical  characteristics ;  and  shall 
have  the  right  to  visit  and  enter  any  office  or  factory  or 
business  house  employing  children  as  aforesaid;  and  the 
right  to  require  a  properly  attested  certificate  of  atte-.i- 
dance  of  any  child  or  children  at  such  day  school;  and 
power  to  arrest  without  warrant  all  truants  and  non-a> 
tendants  as  aforesaid  and  place  them  in  some  public 
school,  unless  the  parents,  guardians  or  persons  in  charge 
and  controll  of  said  children,  respectively,  shall  at  once 
place  them  in  some  other  day  school  as  aforesaid.  Such 
attendance  officer  shall  serve  the  legal  notices  and  sub- 
poenas of  the  court,  without  further  fee  or  compensa- 
tion than  that  paid  by  the  board  as  aforesaid,  and  he 
shall  carry  into  effect  such  other  regulations  as  may  law- 
fully be  required  by  ^tihe  board  appointing  him. 

7485-c/. — Provision  For  Juvenile  Disorderly  Person, 

Sec.  4.  The  board,  having  charge  of  the  public 
schools  of  any  city  or  district  having  10,000  or  more  popu- 
lation by  the  last  census,  may  establish  and  maintain  from 
the  public  schools  in  such  city  or  district,  or  any  school 
board  may,  at  its  discretion,  purclhase  land  and  main- 
tain such  school,   either   within   or  without  their   own 


14 


DIGEST  OF  SOHOOL  DAWS. 

school  district  for  children  who  are  between  the  ages  of 
eight  and  sixteen  years,  and  who  are  either  habitual  tru- 
ants from  any  day  school  in  which  they  are  enrolled  as 
pupils,  or  who,  while  in  attendance  at  any  school,  are 
incorrigible,  vicious  or  immoral,  or  who  habitually  wan- 
der or  loiter  a;bout  the  woods  or  public  i^laces  without 
lawful  employment,  and  such  children  shall  be  deemed 
juvenile  disorderly  persons,  and  may  be  by  said  school 
board,  through  its  officers,  assigned  to,  and  required 
and  compelled  to  attend  such  truant  or  parental  school, 
or  any  department  of  the  graded  schools,  as  such  school 
board  or  court  may  direct. 

7485-e. — Penalty  For  Violating  Act. 

Sec.  5.  Any  person  or  guardian,  or  person  having 
charge  and  control  of  any  child  between  the  ages  of  eight 
and  sixteen  years,  violating  any  of  the  provisions  of  this 
act,  shall  be  warned  as  aforesaid,  as  soon  as  possible  af- 
ter the  beginning  of  the  public  school  term  of  the  city, 
town  or  district  in  which  such  child  resides,  and  ailso  at 
any  time  thereafter  by  the  attendance  officer  herein  pro- 
vided for,  or  by  the  clerk  of  district  where  no  attendance 
officer  is  provided  for,  to  place  and  keep  said  child  in  reg- 
ular attendance  at  some  day  school,  within  ten  days  from 
the  service  of  the  said  written  or  printed  notice  of  warn- 
ing, and  upon  failure  to  comply  with  this  act,  after  the 
lapse  of  ten  days  from  the  date  of  the  service  of  said  no- 
tice of  warning,  said  parent,  guardian  or  person  having 
charge  or  control  of  said  child  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  pay  a 
fine  of  not  less  than  ten  ($1-0.00)  dollars  and  not  more 
than  twenty-five  ($25.00)   ddlars. 

Provided,  that  such  fine  may  be  suspended  and  finul- 
ly  remitted  by  the  court  trying  the  case,  with  or  without 
payment  of  cost,  at  discretion  of  the  court,  if  the  said 

15 


DIGEST  OF  SOHOOL  DAWlS. 

child  be  immediately  placed  in  regular  attendance  m 
some  day  school  as  aforesaid,  and  if  such  fact  of  regular 
attendance  is  proven  subsequently  to  the  satisfaction  of 
said  court  by  attested  certificate  of  attendance  by  the 
superintendent  or  teacher  of  said  day  school. 

7485-/. — Board  to  Publish  Synopsis  of  This  Act  Ten  Days 
Before  Opening  of  School 

Sec.  6.  Every  board  having  charge  of  the  public 
schools  of  any  city,  town  or  district  in  the  State  of  Ar- 
kansas, shall  each  year  publish  a  synopsis  of  this  act  ten 
days  prior  to  the  opening  of  school,  in  a  newspaper  pub« 
lished  in  the  town,  or  city,  or  district,  in  which  the  mem- 
bers thereof  reside,  or  shall  post  copies  thereof  in  five  or 
more  conspicuous  places  in  said  district  city  or  town. 

74S6.g. — No   Child  to  Be  Employed  in  Factory   While 
School  is  in  Session. 

Sec.  7.  No  child  between  eight  and  sixteen  years 
of  age  shaill  be  employed  in  any  mine,  factory, 
workshop,  mercantile  establishment,  or  in  any  man- 
ner, during  the  usual  school  hours  while  such  school 
is  in  session,  unless  the  person  employing  such  child  sha]l 
first  produce  a  certificate  from  the  superintendent  or  the 
teacher  of  the  school  he  or  she  attended,  stating  that  such 
child  attended  school  for  the  period  required  by  law,  or 
has  been  excused  from  attendance  by  Sec.  2  of  this  Act, 
(Sec.  7485-b,  supra)  and  it  shall  be  the  duty  of  such  su- 
perintendent or  teacher  to  furnish  such  certificate  upon 
application  of  a  parent,  guardian  or  person  having  con- 
trol of  such  chiild  entitled  to  same. 

7485-/i. — Oivner  of  Workshop  Employing  Child  Guilty 
of  Misdemeanor. 

Sec.  8.  Every  owner,  superintendent  or  officer 
of  any  mine,   factory,   workshop   or  mercantile   estab- 

16 


DIGEST  OF  SCHOOL  DAWS. 

lishment,  and  any  other  person  who  shall  employ 
any  child  between  eight  and  sixteen  years  of  age, 
contrary  to  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
fined  for  each  offense  in  a  sum  not  less  than  ten  ( $10.00 > 
dollars,  nor  more  than  thirty  ($30.00)  dollars. 

Sec.  7485-z. — Prosecutions  to  be  in  the  Name  of  the 
State;  Counties  Exempted  from  Act.  9.  Prosecution 
under  this  act  shall  be  brought  in  the  name  of  the  State 
of  Arkansas  before  any  court  having  competent  juris- 
diction, and  the  fines  collected  shall  be  paid  over  to  the 
county  treasurer  and  be  credited  to  the  general  school 
fund  of  the  respective  city,  town  or  district,  no  bond  for 
cost  shall  be  required  by  any  court  or  officer  in  prosecu- 
tion under  this  act. 

Provided,  the  folowing  counties  shall  be  exempted 
from  the  provisions  of  this  Act : 

Arkansas,  Ashley,  Baxter,  Boone,  Bradley,  Calhoun, 
Clark,  Chicot,  Cleburne,  Columbia,  Conway,  Crittenden, 
Cross,  Dallas,  Desha,  Drew,  Hempstead,  Hot  Spring, 
Howard,  Izard,  Jefferson,  Lafayette,  Lee,  Lincoln,  Little 
Kiver,  Logan,  Lonoke,  Marion,  Miller,  Mississippi,  Mon- 
roe, Montgomery,  Ouachita,  Perry,  Phillips,  Pike,  Poin- 
sett, Polk,  Pope,  Pulaski,  Saline,  Searcy,  Woodruff  and 
Yell.    Act  234,  Approved  May  12,  1909. 

'Note.— STUDENTS    EXEMPTED    FROM    WO'RiKING    ROADS. 

All  students  in  actual  attendance  in  any  of  the  sctiools  in  this 
State,  and  all  persons  who  are  unablo  to  perform  labor  by  reason 
of  physical  inability,  shall  be  exempted  from  working  on  any  of  the 
roads.— Act  287,  Approved  March  29,  1913. 

Sec.  7485-y. — Parent  to  Send  Child  to  School  One- 
half  Time.  1.  Every  parent,  guardian  or  other  person 
in  the  State  of  Arkansas,  having  charge  and  control  of 
any  child  between  the  ages  of  (8)  and  (16)  years,  shall 

17 


DIGUBST  OF  SOHOOL  liAiWS. 

'Cause  such  child  to  attend  regularly  some  day  school, 
public,  private,  parochial  or  parish,  not  less  than  one- 
balf  of  the  entire  time  the  public  school  said  child  attends 
is  in  session  during  any  one  year,  or  shall  provide  such 
child  at  home  with  such  regularly  daily  instruction  dur- 
ing the  usual  hours  as  shall  be  in  the  judgment  of  court 
or  school  board  having  competent  jurisdiction,  substan- 
tially equivalent  to  at  least  the  instructions  given  the 
children  of  like  age  and  advancement  at  the  day  public 
school  in  the  locality  in  which  said  child  resides;  ?:)ro- 
vided,  that  every  parent,  guardian  or  other  person  in 
the  State  of  Arkansas,  having  charge  and  control  of  any 
child  between  the  ages  of  sixteen  and  twenty  years, 
who  is  not  actively  and  regularly  and  lawfully  engaged 
in  some  useful  employment  or  service,  shall  cause  said 
child  to  attend  school  as  hereinbefore  provided  for  chil- 
dren from  eight  to  sixteen  years.  {Act  231,  Acts  1911. 
Approved  April  28,  1911.) 

Sec.  7485-A:. — May  he  Excused;  When,  2.  Any 
child  between  the  ages  aforesaid  may  be  excused  tem- 
porarily from  complying  with  the  provisions  of  this 
Act  in  whole  or  in  part,  if  it  be  shown  to  the  courr 
of  competent  jurisdiction,  or  school  board  of  said  dis- 
trict, that  said  parent  or  guardian,  or  person  having 
charge  of  or  control  of  said  child,  is  not  able  through 
extreme  destitution,  to  provide  proper  clothing  for  said 
child,  or  that  said  child  is  mentally  or  physically  inca- 
pacitated to  attend  school  for  the  whole  period  re- 
quired or  any  part  thereof,  or  that  there  is  no  public 
school  taught  within  two  and  one-half  miles  of  the  resi- 
dence of  said  child  by  the  nearest  traveled  road,  or  that 
the  labor  of  said  child  is  absolutely  necessary  for  the 
support  of  the  family,  or  that  said  child  has  completed  a 
common  school  course  including  seven   (7)  grades,  and 

18 


DIGEST  OF  SOHXDOL  LAWS. 

'has  certificate  of  same  from  the  school  said  child  attend- 
ed. If  any  child  or  children  are  unable  to  attend  school 
.as  hereinbefore  required  by  not  being  able  to  procure 
books,  on  satisfactory  proof  of  same,  the  respective  board 
.shall  purchase  said  books  out  of  the  general  school  fund 
of  said  district. 

Up  to  and  including  the  fourth  grade,  provided, 
'that  the  school  board  of  any  one  district  shall  not  ex- 
pend in  any  one  year  a  sum  exceeding  in  the  aggregate 
fifteen  dollars  in  making  purchases  of  books  for  the  pu- 
pils of  any  one  school  in  the  district,  and  such  books 
when  so  bought  shall  become  the  property  of  the  school 
district  and  at  the  close  of  the  term  they  shall  be  turned 
over  to  some  person  to  be  named  by  the  board  who  shaU 
safely  keep  them  until  they  shall  be  needed  for  some  fu- 
iture  term. — lb. 

Sec.  7485-Z. — Board  to  Appoint  Attendance  Officer, 
3.  The  board  having  charge  of  a  public  school  in  a 
city  or  district  shall  appoint  for  a  period  of  one  year, 
one  or  more  attendance  officers  to  enforce  the  provisions 
of  this  Act.  The  fees  of  said  attendance  officers  shall  be 
the  same  as  that  of  peace  officers  for  similar  service,  and 
said  fees  shall  be  paid  from  the  public  school  funds  of 
the  city  or  district.  The  attendance  officer  shall  serve 
written  or  printed  notices  upon  the  parents  or  guardians, 
or  persons  who  have  charge  and  control  of  any  child  •^r 
children  as  aforesaid  who  violates  the  provisions  of  this 
Act,  and  shall,  when  reasonable  doubt  exists  as  to  the 
age  of  any  child,  require  properly  attested  birth  certifi- 
cate or  an  affidavit  stating  sudh  child's  age,  the  date  of 
birth,  and  physical  characteristics;  and  shall  have  the 
right  to  visit  and  enter  any  office  or  factory  or  business 
house  employing  children  as  aforesaid;  and  the  right  to 
fl-equire  a  proper  attendance  certificate  of  any  child  or 

19 


DIGiBST  OF  SCtlOOIL  LiA^WS. 

children  at  such  day  school ;  and  power  to  arrest  without: 
warrant,  all  truants  and  non-attendants  as  aforesaid; 
and  place  them  in  some  public  school  unless  the  parents, 
guardians,  or  persons  in  charge  and  control  of  said  chil- 
dren, respectively,  shall  at  once  place  them  in  some  other 
day  school  as  aforesaid.  Such  attendance  officer  shall 
serve  the  legal  notices  and  suDpoenas  of  the  court,  with- 
out further  fee  or  compensation  than  that  paid  by  the 
board  as  aforesaid,  and  he  shall  carry  into  effect  such, 
ether  regulations  as  may  lawfully  be  required  by  the 
board  appointing  him. — Ih, 

Sec.  7485-m. — Provision  for  Juvenile  Disorderly/ 
Persons.  4.  The  board  having  charge  of  the  public 
schools  of  any  city  or  district  having  10,000  or  more 
population  by  the  last  census,  may  establish  and  main- 
tain from  the  public  schools  in  such  city  or  district,  or 
any  school  board  may,  at  its  discretion,  purchase  lands 
and  maintain  such  school,  either  within  or  without  their 
own  school  district,  for  children  who  are  between  the 
ages  of  8  and  16  years,  and  who  are  either  habitual  tru- 
ants from  any  day  school  in  which  they  are  enrolled  as 
pupils,  or  who,  wthile  in  attendance  at  any  school,  are 
incorrigible,  vicious,  or  immoral,  or  loiter  about  public 
places  without  lawful  employment  and  such  children 
shall  be  deemed  juvenile  disorderly  persons,  and  may  be 
by  said  board  through  its  officers,  assigned  to,  and  re- 
quired and  compelled  to  attend  such  truant  or  parental 
school  or  any  department  of  the  graded  schools  as  such 
school  board  or  court  may  direct. — lb. 

Sec.  7485-^. — Penalty  for  Violating  Act.  5.  Any 
person  or  guardian,  or  persons  having  charge  and  con- 
trol of  any  child  between  the  ages  of  8  and  16  years, 
violating  any  of  the  provisions  of  this  Act  shall  be 
warned  as  aforesaid,  as  soon  as  possible  after  the  begin- 

20 


DIGHEST  OF  SOHOOL  UAiWS. 

•rAng  of  the  public  school  term  of  the.  city,  town  or  dis- 
trict in  which  said  child  resides,  and  also  at  any  time 
thereafter  by  the  attendance  officer  herein  provided  for, 
or  by  the  clerk  of  district  where  no  attendance  officer  is 
provided  for,  to  place  and  keep  said  child  in  regular  at- 
tendance at  some  day  school,  within  ten  days,  from  the 
service  of  the  said  written  or  printed  notice  of  warning, 
and  upon  failure  to  comply  with  this  Act,  after  the  lapse 
of  ten  days  from  the  date  of  service  of  said  notice  of 
warning,  said  parent,  guardian  or  other  person  having 
charge  or  control  of  said  child  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  thereof  shall  pay  a 
fine  of  not  less  than  ten  ($10.00)  dollars,  and  not  more 
than  twenty-five  ($25.00)  dollars;  provided,  such  fine 
may  be  suspended  and  finally  remitted  by  the  court  try- 
ing the  case  with  or  without  payment  of  cost,  at  discre- 
tion of  the  court,  if  the  dhild  be  immediately  placed  in 
regular  attendance  in  some  day  school  as  aforesaid,  and 
if  such  fact  of  regular  attendance  is  proven  subsequently 
to  the  satisfaction  of  said  court  by  attested  certificate  of 
attendance  by  the  superintendent  or  teacher  of  said  day 
jschool. — 76. 

Sec.  7485-0. — Board  to  Publish  Synopsis  Ten  Days 
Before  School  Opens.  6.  Every  board  having  charge  of 
public  schools  of  any  city,  town  or  district  in  the  State 
of  Arkansas,  shall  each  year  publish  a  synopsis  of 
this  Act  ten  days  prior  to  the  opening  of  school,  in  a 
newspaper  published  in  the  town  or  city  or  district  in 
which  the  members  thereof  reside  or  shall  post  copies 
thereof  in  five  or  more  conspicuous  places  in  said  dis- 
trict, city  or  town. — lb. 

Sec.  7485-p. — Prosecutions  Under  Act  to  be  in 
I^ame  of  State,    7.    Prosecution  under  this  Act  shall  be 


21 


DIGEST  OF  SCHOOL  IjAWiS. 

ff. 

brought  in  the  name  of  the  State  of  Arkansas,  before- 
any  court  having  competent  jurisdiction,  and  the  fines 
collected  shall  be  paid  over  to  the  county  treasurer  and^ 
be  credited  to  the  general  school  fund  of  the  respective 
city,  town  or  district.  No  bond  for  cost  shall  be  re- 
quired by  any  court  or  officer  in  prosecution  under  this 
Act;  provided,  the  following  counties  shall  be  exempted 
from  the  provisions  of  this  Act:  Baxter,  Cleburne,  Polk,. 
Madison,  Franklin,  Jefferson,  Sebastian,  Yell,  Indepen- 
dence, Scott,  Drew,  Little  River,  Lonoke,  Woodruff,. 
Boone,  Bradley,  Calhoun,  Desha,  Lafayette,  Lincoln,  Ma- 
rion, Monroe,  Phillips,  Ashley,  Dallas,  Columbia,  Mont- 
gomery, Chicot,  Hot  Spring,  Saline,  St.  Francis,  Benton,. 
Lee,  Ouachita,  Pope,  Union,  Crittenden,  Pulaski,  Prairie, 
Hempstead,  Howard. — 76. 

Repealing  Clause  :  This  Act  shall  take  effect  f rem- 
and after  its  passage,  and  all  laws  in  conflict  are  hereby 
repealed. 

Sec.  7485-g. — Parent  to  Send  Child  to  School  One-- 
half  Time.  1.  Every  parent,  guardian,  or  other  person 
ill  Polk,  Cleburne,  Baxter,  Madison,  Franklin,  Sebastian, 
Yell,  Independence  and  Scott  counties,  in  the  state  of 
Arkansas,  having  charge  and  control  of  children  between, 
the  ages  of  eight  and  fourteen  years,  shall  cause  each 
dhild  to  attend  regularly  some  day  school,  public,  private 
or  parish,  not  less  than  one-half  of  the  entire  time  of  the 
public  school  said  child  attends  is  in  session,  or  shall  pro- 
vide said  child  at  home  with  such  regular  daily  instruc- 
tion during  the  usual  hours  as  shall  be  in  judgment  of 
court  or  school  board  having  competent  jurisdiction,  sub- 
stantially equivalent  to  at  least  the  instructions  given  the 
child  of  like  age  and  advancement  of  any  day  public 
school  in  the  locality  in  which  said  child  resides;  pro- 
vided, that  every  parent,  guardian  or  other  person  in. 

22 


DIGEST  OF  SCHOOL  DAWIS. 

Polk,  Cleburne,  Baxter,  Madison,  Franklin,  Sebastian, 
Yell,  Independence  and  Scott  counties,  in  the  state  of  Ar- 
kansas, having  charge  and  control  of  children  between 
the  ages  of  fourteen  and  sixteen  years,  who  is  not  active- 
ly and  regularly  and  lawfully  engaged  in  some,  useful  em- 
ployment or  service,  shall  cause  said  child  to  attend 
school  as  (hereinbefore  provided  for  children  from  eight 
to  fourteen  years. — Act  347,  approved  May  31,  1909. 

Sec.  7485-r. — May  be  Excused;  When,  2.  Any 
child  between  the  ages  aforesaid  may  be  excused  tem- 
porarily from  complying  with  the  provisions  of  this 
act  in  whole  or  in  part  if  it  be  shown  to  a  court  of 
competent  jurisdiction  or  school  board  of  said  distrirt 
that  said  parent  or  guardian,  or  person  having  charge 
and  control  of  said  child,  is  not  able  through  extreme 
destitution  to  provide  or  obtain  in  any  way  proper  cloth- 
ing for  said  child,  or  that  said  child  is  mentally  or 
physically  incapacitated  to  attend  school  for  the  whole 
period  required  or  any  part  thereof,  or  that  there  is  no 
public  school  taught  within  two  and  one-half  miles  of  the 
residence  of  said  child  by  the  nearest  traveled  road,  or 
that  the  labor  of  said  child  is  absolutely  necessary  for 
the  support  of  the  family,  or  that  said  child  has  com- 
pleted the  common  school  course,  including  the  eight  (8) 
grades,  and  has  certificate  of  same  school  the  child  at- 
tended. 

If  any  child  is  unable  to  attend  school,  as  hereinbe- 
fore required,  by  not  being  able  to  procure  books,  on  sat- 
isfactory proof  of  same  the  sdhool  board  shall  purchase 
said  books  out  of  the  incidental  fund  for  use  of  said 
child.— 76. 

Sec.  7485-s. — Board  to  Appoint  Attendance  Officer, 
3.     The  board  having  charge  of  a  public  school    in  a 

23 


DIGEST  OF  SCHOOL  IjAWS. 

city  or  district  of  3,000  or  more  population  by  the  last 
census,  may  appoint,  and  remove  at  pleasure,  one  or 
more  attendance  officers  to  enforce  the  provisions  of  this 
act,  and  shall  fix  the  compensation  and  manner  of  per- 
formance of  the  duties  of  the  said  attendance  officers, 
and  shall  pay  tJhem  from  the  public  school  fund  of  said 
city  or  district,  and  the  attendance  officers  as  aforesaid 
shall  serve  written  or  printed  notices  upon  the  parents 
or  guardians,  or  persons  who  have  charge  or  control  of 
the  children  aforesaid,  who  violate  the  provisions  of  this 
act,  shall  when  reasonable  doubt  exists  as  to  the  age  of 
any  such  dhild,  shall  require  a  proper  attested  birth  cer- 
tificate or  an  affidavit  stating  such  child's  age,  date  of 
birth  and  physical  characteristics;  shall  have  the  right 
to  visit  any  office,  factory  or  business  house  employing 
children  as  aforesaid;  shall  have  the  rigtht  to  require  a 
proper  attested  certificate  of  attendance  of  any  child  or 
children  at  such  day  schools;  shall  have  power  to  arrest 
without  warrant  all  truants  and  non-attendants  as  afore- 
said, and  place  them  in  some  public  school,  unless  the 
parents,  guardian  or  person  in  charge  and  control  of  said 
cliildren  respectively,  ^all  at  once  place  them  in  some 
other  day  school  aforesaid,  and  shall  serve  legail  notice 
and  subpoenas  of  the  court  and  make  such  required  ar- 
rests in  the  case  which  they  prosecute  without  further 
fee  or  compensation  than  that  paid  by  the  board,  as 
aforesaid.  AH  constables,  marshals,  sheriffs  and  their 
deputies  are  ex-officio  attendance  officers  and  shall  re- 
ceive fees  the  same  as  in  other  cases  of  misdemanors 
and  shall  carry  into  effect  such  other  regulations  as  may 
lawfully  be  required  by  the  school  board. — Ih, 

Sec.  7485-^. — Provision  for  Juvenile  Disorderly  Per- 
sons. 4.  The  board  having  charge  of  the  public  school 
of  any  city  or  district  having  ten  thousand  or  more  pop- 
ulation by  the  last  census,  may  establish  and  maintain 

24 


DIGEST  OF  SCHOOL  LAWS. 

Irom  the  public  school  fund,  one  or  more  ungraded  tru- 
ant or  parental  schools  in  such  city  or  district.  Any 
school  board  may  at  its  discretion  purchase  land  and 
m.aintain  such  school  either  within  or  without  their  own 
school  district,  for  children  who  are  between  the  ages  of 
eig'ht  and  sixteen  years,  and  who  are  either  habitual  tru- 
ants from  any  school  in  which  they  are  enrolled  as  pupils, 
or  who  while  in  attendance  at  any  school  are  incorrigi- 
ble, vicious  or  immoral,  or  who  habitually  wander  or 
loiter  about  the  streets  or  woods  or  public  places  withoat 
lawful  employment,  and  such  children  shall  be  deemed 
juvenile  disorderly  persons,  and  may  be  by  said  school 
board,  througih  its  officers,  assigned  to  and  required  and 
compelled  to  attend  such  truant  or  parental  school  or  any 
department  of  the  graded  schools  as  such  school  board  or 
court  may  direct. — lb. 

Sec.  7485-2i. — Penalty  for  Violating  Act,  5.  Any 
parent  or  guardian  or  person  having  charge  and  con- 
trol of  children  between  the  ages  of  8  and  16  years 
violating  any  of  the  provisions  of  this  act  shall  be 
warned,  as  aforesaid,  as  soon  as  possible  after  the  be- 
ginning of  the  public  school  term  of  the  city  or  town, 
district  in  which  said  child  resides,  and  also  at  any  time 
thereafter,  by  the  attendance  officers  therein  provided, 
or  by  clerk  of  district  where  no  attendance  officer  is 
provided  for,  to  place  and  keep  said  child  in  regular  at- 
tttndance  at  some  day  school  within  ten  days  from  the 
service  of  said  written  or  printed  notice  of  warning,  and 
upon  failure  to  comply  with  this  act,  after  the  lapse  of 
ten  days  from  the  date  of  the  service  of  said  notice  of 
warning,  said  parent  or  guardian  or  person  (having 
charge  and  control  of  said  child  (shall)  be  deemed  guilty 
of  a  misdemeanor  and,  upon  conviction  thereof,  shall 
pay  a  fine  of  not  less  than  five  dollars  nor  more  than 


25 


DIGEIST  OF  SOHOOL.  UAjWiS. 

twenty-five  dollars ;  provided,  that  such  fine  may  be  sus- 
pended, finally  remitted  by  court  with  or  without  pay- 
ment of  cost,  at  discretion  of  the  court  if  said  child  be 
immediately  placed  and  kept  in  regular  attendance  of 
some  day  school  as  aforesaid,  and  if  such  fact  of  regular 
attendance  is  proven  subsequently  to  the  satisfaction  of 
said  court  by  attested  certificate  of  attendance  by  the 
superintendent  or  teacher  of  said  school. — lb. 

Sec.  7485-'y. — Board  to  Publish  Synopsis  of  Act  Ten 
Days  Before  School  Opens.  6.  Every  board  having 
charge  of  the  public  schools  of  any  town  or  district  within 
tlie  counties  of  Polk,  Cleburne  and  Scott,  in  the  state 
of  Arkansas,  shall  each  year  publish  a  synopsis  of  this 
act  ten  days  prior  to  the  opening  of  the  school  in  a  news- 
paper published  in  the  city  or  town  or  district  in  which 
the  members  thereof  reside,  or  shall  post  copies  thereof, 
in  five  or  more  public  places  in  the  district,  as  will  m 
their  judgment  best  give  knowledge  thereof. — lb. 

Sec.  7485-1^. — No  Child  to  be  Employed  in  Factor]/ 
While  School  in  Session.  7.  No  child  between  eight  and 
fourteen  years  of  age  shall  be  employed  in  any  mine, 
factory,  workshop,  mercantile  establishment,  or  any 
other  manner  within  the  usual  school  hours,  unless  the 
person  employing  him  shall  first  procure  certificate  from 
the  superintendent  or  the  teaoher  of  the  school  he  -r 
she  attended,  stating  that  such  child  attended  school  for 
a  period  as  required  by  law,  or  has  been  excused  from 
attendance  as  provided  in  Section  2.  And  it  shall  be  the 
duty  of  such  superintendent  or  teacher  to  furnish  such 
certificate  upon  application  of  parent  or  guardian  or 
person  having  such  control  of  such  child  entitled  to 
same. — lb. 

Sec.  7485-a;. — Owner  of  Workshop  Employing  Child 

26 


DIOiBST  OF  SOHOOL  DAWS. 

Guilty  of  Misdemeanor,  8.  Every  owner,  superintend- 
ent or  officer  of  any  mine,  factory,  workshop  or  mercan- 
tile establishment,  and  any  other  person  who  shall  em- 
ploy any  child  between  eight  and  fourteen  years  of  age 
contrary  to  the  provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be 
fined  for  each  offense  in  a  sum  not  less  than  five  ($5.00) 
dollars  nor  more  than  ten  ($10.00)  dollars  and  costs. — 76. 

Sec.  7485-1/. — Prosecution  Under  This  Act  Brought 
in  Name  of  County.  9.  Prosecutions  under  this  Act  shaU 
be  brought  in  the  name  of  the  county  of  Polk,  Cleburne,, 
Baxter,  Madison,  Franklin,  Sebastian,  Yell,  Indepen- 
dence or  Scott,  in  the  state  of  Arkansas,  before  any  court 
of  record  having  competent  jurisdiction.  In  cities  having 
fifty  thousand  population  or  more,  and  before  any  court 
having  competent  jurisdiction  in  other  districts,  and  the 
fines  collected  shall  be  paid  over  to  the  county  treasurer^ 
to  be  credited  to  the  general  school  fund  of  the  city  or 
county.  No  bond  for  cost  shall  be  required  by  any  court 
or  officer  in  prosecution  under  this  act. — lb. 

Sec.  7485-2;. — Repealing  Clause,  Form  of  Synopsis 
to  be  Published.  10.  All  laws  in  conflict  with  this  law 
are  hereby  repealed,  and  this  Act  to  take  effect  and  be 
in  full  force  from  and  after  June  first,  1909. 

Notice  to  Parents  and  Guardians,  as  required  in 
Section  6 : 

^  First.  Every  child  between  eight  and  fourteen- 
years  old  and  between  fourteen  and  sixteen  years,  not 
regularly  employed,  must  attend  some  day  sdhool  at  least 
half  of  the  term  each  year — three  or  four  months. 

Second.  No  child  can  be  excused  on  promise  to  at- 
tend, he  must  attend  first  half  of  term  before  being  ex- 
cused on  that  account. 

Third.     Courts  having  jurisdiction,  justice  of  the 

27 


DLOEST  OF  SOHOOL  LAWS. 

peace>  in  rural  districts,  and  cities  having  less  than  fifty- 
thousand  population,  may  excuse  children  from  attend- 
ing school  for  the  following  reasons: 

(a)  Parents  cannot  supply  proper  clothing,  (b) 
Child  mentally  or  physically  unable  to  attend,  (c)  No 
public  school  within  two  and  one-half  miles  of  the  home, 
(d)  Labor  of  the  child  is  necessary  to  support  family. 
<e)     Child  has  completed  the  common  school  course. 

Fourth.  No  child  between  eigiht  and  fourteen  years 
can  be  employed  in  mines,  factories,  workshops  or  store, 
unless  excused  for  one  of  the  five  reasons,  or  has  state- 
ment from  teacher  that  he  has  already  attended  half  of 
the  term  of  that  school  year. 

Fifth.  It  is  the  duty  of  the  attendance  officer  and 
district  clerks  to  notify  parents  and  guardians  when  dhil- 
dren  fail  to  comply  with  the  provisions  of  the  law. 

Sixth.  The  penalty  for  nonattendance  falls  on  par- 
ent or  guardian  and  in  its  maximum  fee  of  twenty-five 
dollars  or  imprisonment  for  thirty  days,  or  one  or  both. 

Seventh.  For  illegal  employment  of  the  child  em- 
ployers are  subject  to  a  fine  of  twenty-five  dollars  and 
costs. 

Eighth.  Every  school  board  shall  publish  this  syn- 
opsis in  a  newspaper  of  the  district,  or  post  in  five  public 
places  ten  days  before  public  school  opens  each  year. 

Note:— The  following  counties  are  under  the  provisions  or 
compulsory  school  attendance,  Act  No.  234,  of  1909:  Benton, 
Prairie,  St.  Francis  and  Union. 

The  following  counties  are  under  the  provisions  of  compulsory 
school  attendance.  Act  No.  347,  of  1909:  Baxter,  Cleburne,  Frank- 
lin, Independence,  Madison,  Polk,  Scott,  Sebastian,  Yell. 

The  following  counties  are  under  the  provisions  of  compulsory 
school  attendance,  Act  No.  231,  of  1911:  Arkansas,  Carroll,  Clark, 
Clay,  Cleveland,  Conway,  Craighead,  Crawford,  Cross,  Faulkner, 
Fulton,  Garland,  Grant,  Greene,  Izard,  Jackson,  Johnson,  Lawrence, 
Logan,  Miller,  Mississippi,  Nevada,  Newton,  Perry.  Pike,  Poinsett, 
Randolph,  Searcv,  Sevier,  Sharp,  Stone,  Van  Buren,  Washington, 
White. 

The  following  counties  are  under  the  provisions  of  no  compul- 

28 


DIOEST  OF  SCHOOL  DAWlS. 

sory  school  attendance  laws:  Ashley,  Boone,  Bradley,  Calhoun^ 
Chicot,  Columbia,  Crittenden,  Dallas,  Desha,  Drew,  Hempstead,  Hot 
Spring,  Howard,  Jefferson,  Lafayette,  Lee,  Lincoln,  Little  River^ 
Lonoke,  Marion,  Monroe,  Montgomery,  Ouachita,  Phillips,  Pope, 
Pulaski,   Saline,  Woodruff. 

COMMON  SCHOOL  FUND. 

Sec.  7486.  Sources  of  revenue, — The  proceeds  of 
all  lands  that  'have  been,  or  hereafter  may  be,  granted 
by  the  United  States  to  this  state,  and  not  otherwise 
appropriated  by  the  United  States  or  this  state;  also  all 
moneys,  stocks,  bonds,  lands  and  other  property  now 
belonging  to  any  fund  for  purposes  of  education ;  also  the 
net  proceeds  of  all  saies  of  lands  and  other  property  and 
effects  that  may  accrue  to  this  state  by  escheat,  or  from 
sales  of  estrays,  or  from  unclaimed  dividends,  or  dis- 
tributive shares  of  the  estates  of  deceased  persons;  also 
any  proceeds  of  the  sale  of  public  lands  which  may  have 
been,  or  may  be  hereafter,  paid  over  to  the  state  (Con- 
gress consenting)  ;  also  ten  per  cent  of  the  net  proceeds 
of  the  sales  of  all  state  land,  and  it  shall  be  the  duty  of 
the  state  treasurer  to  set  aside  this  ten  per  cent  to  the 
credit  of  the  common  school  fund  when  he  receives  the 
proceeds  of  this  sale  from  the  state  land  commissioner; 
also  all  the  grants,  gifts  or  devises  that  have  been  or 
hereafter  may  be  made  to  this  state,  and  not  otherwise 
appropriated  by  the  tenure  of  the  grant,  gift  or  de- 
vise, shall  be  securely  invested  and  sacredly  preserved  a& 
a  public  school  fund  that  shall  be  designated  as  the  com- 
mon school  fund  of  the  state,  and  which  shall  be  the  com- 
mon property  of  the  state,  except  the  proceeds  arising 
from  the  sale  or  lease  of  the  sixteenth  section.  Act 
March  15,  1897. 

No  money  or  -property  belonging  to  the  public  school  fund,  or 
to  this  state  for  the  benefit  of  schools  or  universities,  s'hall  ever  be 
used  for  any  other  than  for  the  respective  purposes  to  which  it 
belongs.    Art.  XIV,  Sec.  2,  Constitution. 

29 


DIGEST  OF  SiOHOOL  LAWS 

Sec.  7487.  Funds  in  doubt  apportioned  by  court. — 
The  county  courts  of  the  various  counties  are  authorized 
and  empowered  to  place  to  the  'credit  of  the  common 
school  fund  of  the  county,  any  and  all  school  funds  that 
may  be  in  the  county  treasury,  derived  from  various 
sources,  and  about  which  there  is  any  doubt  as  to  their 
proper  application  with  the  county  court,  and  that  said 
school  funds,  when  so  placed  to  the  credit  of  the  <iommon 
school  fund,  shall  be,  by  said  'county  courts,  apportioned 
among  the  school  districts  of  the  county  as  is  now  pro- 
vided by  law\ 

Sec.  7488.  Principal  from  sixteenth  section. — The 
principal  arising  from  the  sale  of  the  sixteenth  section 
of  land  shall  never  be  apportioned  or  used. 

Sec.  7489.  Townships  not  \entitled  to  doubtful 
fund. — Should  any  of  the  funds  mentioned  in  this  act 
arise  from  the  sa'le  of  said  sixteenth  section  of  land  and 
there  should  be  any  doubt  as  to  the  townships  from 
whence  it  came,  then  such  townships  as  have  not  dis- 
posed of  the  sixteenth  section  of  land,  or  may  have  dis- 
posed of  the  same  and  have  the  pro'ceeds  placed  to  their 
credit,  shall  not  be  entitled  to  any  part  of  the  interest 
arising  from  said  doubtful  sixteenth  section  fund.  Act 
March  13,  1885,  Sees,  1,  2. 

Sec.  7490.  Annuxd  income  from  sixteenth  section 
fund  and  per  capita  tax. — The  annual  income  from  the 
said  fund,  together  with  one  dollar  per  capita  to  be  an- 
nually assessed  on  every  male  inhabitant  over  the  age  of 
twenty-one  years,  and  so  much  of  the  ordinary  annual 
revenues  of  the  state  as  may  hereafter  be  set  apart  by 
law  for  such  purposes,  shall  be  faithfully  appropriated 
for  maintaining  a  system  of  free  common-  schools  for  this 
state,  and  shall  be  appropriated  to  no  other  purpose 
-whatsoever.    Act  December  7,  1875,  Sec.  2. 

30 


DIGEST  OF  SCHOOL  LAIWiS 

Sec.  7491.  State  Treasurer  required  to  pay  rev- 
enue  to  counties. — The  state  auditor  shall,  on  requisition 
from  the  state  superintendent  of  public  instruction,  draw 
warrants  on  the  state  treasurer  for  payment  to  the  sev- 
eral county  treasurers  of  the  school  revenues  due  their 
respective  counties. 

Sec.  7492.  County  collector  required  to  pay  per 
capita  tax  into  county  treasury. — The  per  capita  tax 
levied  by  the  general  revenue  laws  of  the  state  shall  be 
collected  by  the  county  collector  at  the  same  time  and 
place  that  the  state  taxes  are  collected,  and  be  paid  in 
the  county  treasury  on  or  before  the  first  day  of  July  of 
each  year,  in  the  presence  of  the  county  court  clerk,  who 
shall  make  a  record  of  the  same  as  revenue  for  the  sup- 
port of  common  schools. 

Provided,  however,  that  in  all  cases  where  the  per- 
son liable  for  the  payment  of  su'ch  per  capita  tax  shall 
have  died  since  the  last  assessment  of  taxes,  the  collector 
of  taxes  shall  not  collect  such  per  capita  tax,  but  shall 
take  credit  for  same.  Act  46,  Approved  February  13, 
1913. 

The  penalty  collected  for  the  nonpayment  of  taxes  on  personal 
property  is  to  be  paid  into  the  county  school  fund.     See  Sec.  7069. 

Sec.  7492-a. — Per  Capita  Tax  for  Single  or  Special 
School  District;  How  Levied  and  Collected.  1.  That 
the  per  capita  tax  levied  by  the  general  revenue  laws 
of  the  state  in  any  special  or  single  school  district  in 
which  a  treasurer  of  the  school  district  is  now  or  may 
•hereafter  be  authorized  by  law  and  the  tax  for  school 
purposes  levied  by  a  vote  of  the  qualified  electors  of 
any  such  single  or  special  school  district  shall  be  col- 
lected by  the  county  collector  at  the  same  time  and 
place  that  the  state  taxes  are  collected,  and  paid  to  the 
treasurer  of  such  single  or  special  school  district  on  or 

31 


DIGEST  OF  'SCHOOiL  LAWS 

before  the  first  day  of  July  in  each  year,  such  payment 
tc  be  made  in  the  presence  of  the  secretary  of  the  board 
of  schooil'  directors  of  such  special  or  single  school  dis- 
trict, who  shall  make  a  record  of  same  as  a  revenue  for 
the  support  of  the  schools  of  such  single  or  special  school 
district.    Sec.  1,  Act  219,  Approved  March  29,  1913. 

Sec.  7492-&. — Treasurer ^to  Issue  Duplicate  Receipts 
For.  2.  That  the  treasurer  of  any  such  single  or  spe- 
cial school  district  shall  execute  duplicate  receipts  for 
all  funds  paid  to  him  by  the  county  collector  pursuant  to 
this  Act,  one  receipt  to  be  delivered  to  the  collector  and 
one  to  the  secretary  of  the  board  of  school  directors  of 
such  single  or  special  sdhool  district.  Sec.  2,  Act  219 
Approved  March  29,  1913. 

Sec.  7493.  Debts  due  common  school  fund  shall 
take  precedence. — In  payment  of  debts  by  executors  and 
administrators,  the  debts  due  the  common  school  fund 
shall  have  a  preference  over  all  other  debts,  except  fun- 
eral and  other  expenses  attending  the  last  sickness. 

Sec.  7494.  Officers  not  allowed  fees. — No  justice 
of  the  peace,  constable,  clerk  of  a  court  or  sheriff  shall 
charge  any  cost  in  any  suit  where  the  collector  or  any 
other  officer  sues  for  the  recovery  of  any  money  due  to 
the  common  school  fund,  if  the  plaintiff  in  such  cause  is 
unsuccessful.    Act  January  11,  1853,  Sees.  50  and  55. 

Sec.  7500.  Warrant  of  auditor  required  for  pay- 
ment of  money. — All  moneys  belonging  or  owing  to  the 
)common  school  fund,  as  mentioned  in  Section  7486,  or 
accruing  as  revenues  therefrom,  together  with  the  state 
school  tax,  shall  be  paid  directly  into  the  state  treasury 
and  shall  not  be  paid  out  except  on  the  warrant  of  the 
auditor.    Act  December  7,  1875,  Sees.  5  to  8. 

32 


DIGEST  OF  SCHiOOL  ILiAJWIS 

SUPERVISION   OF   PUBLIC   SCHOOLS. 

Sec.  7505.  General  assembly  shall  provide  officers, 
— The  supervision  of  public  schools,  and  the  execution 
of  the  laws  regulating  the  same,  shall  be  vested  in  and 
confided  to  such  officers  as  may  be  provided  for  by  the. 
general  assembly.    Art.  XIV,  Sec,  4,  Const. 

STATE  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

Sec.  7506.  Office  of  state  superintendent  created, 
— At  the  next  general  election,  and  every  two  years 
thereafter,  there  shall  be  elected  a  state  superintendent 
of  public  instruction,  by  the  qualified  electors  of  this 
state,  as  state  officers  are  now  elected. 

Duties  of  State  Superintendent, 

Sec.  7507.  He  shall  take  and  file  oath. — Before 
entering  upon  the  duties  of  his  office,  he  shall  take  and 
subscribe  the  oath  prescribed  for  officers  by  the  consti- 
tution of  this  state,  and  shall  file  such  oath  with  the 
secretary  of  state. 

Sec.  7508.  He  shall  be  general  supervisor. — The 
superintendent  of  public  instruction  shall  be  charged 
with  the  general  superintendence  of  the  business  relat- 
ing to  the  free  common  schools  of  this  state. 

Sec.  7509.  He  shall  open  office  at  capitol. — He 
shall  open  at  the  seat  of  the  state  government  (at  the 
expense  of  the  state)  a  suitable  office,  in  which  he  shall 
keep  all  books,  reports,  documents  and  other  papers  per- 
taining to  his  department,  and  where  he.  shall  be  in 
attendance  when  not  necessarily  absent  on  business,  and 
have  personal  supervision  of  the  business  affairs  of  his 
office,  and  keep  a  clear  and  correct  record  thereof. 

Sec.  7510.  He  shall  furnish  questions. — He  shall 
furnish  suitable  questions  for  the  examination  of  teach- 


33 


DIOEST  OF  SCiHiOOiL.  LAWS 

ers  to  the  county  examiners;  he  shall  hold  a  teachers' 
institute  annually  in  each  judicial  district  of  the  state,  to 
be  called  a  normal  district  institute ;  he  shall  arrange  the 
program  exercises  for  each  of  such  institutes,  and  pre- 
side thereat.  Provided,  if  he  should  not  be  present  the 
teachers  Who  may  have  assembled  may  organize  and 
bold  such  normal  district  institute. 

That  portion  of  this  Section  referring  to  institutes  repealed  by 
Act  May  2o,  190'7. 

Sec.  7511.  He  shall  furnish  materials  to  county 
examiners. — He  shall  prepare  and  transmit  to  the  county 
examiners  school  registers,  blank  certificates,  reports 
and  other  printed  blanks,  together  with  other  suitable 
blanks,  forms  and  printed  instructions  to  be  forwarded 
to  directors  and  other  school  officers,  as  may  be  neces- 
sary to  aid  such  officers  in  making  their  reports  and 
carrying  into  full  effect  the  various  provisions  of  the 
-school  laws  of  this  state.  Act  December  7,  1875,  Secc\ 
13-16. 

Sec.  7512.  He  shall  preparse  poll  hooks. — The  supar- 
intendent  of  public  instruction  shall  prepare  a  form  of 
poll  books  to  be  used  by  the  directors  of  the  various 
school  districts  of  this  state  at  their  annual  elections  as 
are  now,  or  may  hereafter  be  provided  by  law,  and  have 
the  same  printed  as  other  blanks  for  school  purposes; 
and  shall  transmit  the  same  to  the  county  examiner  of 
each  county  for  distribution  to  school  directors  in  the 
same  manner  as  other  school  blanks  are  now,  or  shall 
hereafter  be,  distributed.    Act  March  2,  1877. 

Sec.  7513.  He  shall  he  guardian  of  school  fund,  and 
may  hring  suit. — He  s^hall  exercise  such  supervision  over 
the  sichool  fund  as  to  ascertain  the  amount  and  disposal 
made  of  the  same,  their  protection  and  safety  when  in- 
vested or  deposited,  and  recommend  measures  for  their 

34 


DIGEST  OF  30HIOOL  LAlWS 

•security  and  preservation,  and  for  rendering  them  most 
productive  of  revenue ;  shall  enforce  the  strict  application 
•  of  the  school  revenues  to  the  legitimate  purposes  for 
which  they  were  intended,  and  shall  When  directed  by  the 
commissioners  of  the  school  fund,  cause  to  be  instituted, 
in  the  name,  of  the  State  of  Arkansas,  suits  or  actions  for 
the  recovery  of  any  portion  of  the  said  funds  or  said  rev- 
enues that  may  be  squandered,  illegally  applied,  or  un- 
•safely  deposited. 

Sec.  7514. — Annual  report. — Includes  what. — He 
.shall,  on  or  before  the  first  day  of  November  in  each  year, 
prepare  and  submit  to  the  governor  of  this  state  an  an- 
nual report,  in  writing,  showing  the  number  of  persons 
between  the.  ages  of  six  and  twenty-one  years  residing  in 
the  state  on  the  first  day  of  the  preceding  July ;  the  num- 
ber of  such  persons  in  each  county;  the  number  of  ea<ih 
sex;  the  number  of  white;  the  number  of  colored;  the 
whole  number  of  sudh  persons  that  attended  the  free  com- 
mon schools  of  the  state  during  the  year  ending  the  30  th 
'day  of  the  last  preceding  June,  and  the  number  in  each 
county  that  attended  during  the  same  period ;  the  number 
of  whites  of  each  sex  that  attended,  and  the  number  of 
icolored  of  each  sex  that  attended  the  said  schools;  the 
number  of  common  schools  in  the  state;  the  number  of 
pupils  that  studied  each  of  the  branches  taught;  the  aver- 
age wages  paid  teachers  of  each  se.x ;  the  relative  average 
wages  paid  to  made  and  female  teachers  respectively, 
according  to  the  different  grades  of  their  certificates;  the 
number  of  school  houses  erected  during  the  year,  the 
material  and  cost  thereof;  the  number  previously  erected, 
the  material  of  which  they  were  constructed,  their  condi- 
tion and  value ;  the  number  with  their  grounds  enclosed ; 
the  counties  in  which  teachers'  institutes  were  held,  and 
-the  number  that  attended  the  institutes  in  each  county. 

Sec.  7515.    He  shall  likewise  report  the  amount  of 

35 


DIGEST  OF  SCHOOfLi  JjAJWE 

permanent  school  fund  belonging  to  the  state  at  the  close^ 
of  the  fiscal  school  year,  and  the  amount  of  other  prop- 
erty apportioned  to  sdhool  purposes ;  the  nature,  kind  and 
amount  of  such  investments  made  of  the  same ;  the  safety 
and  permanency  of  such  investments ;  the  amount  of  rev- 
enue accruing  from  the  schood  funds ;  the  income  received, 
from  the  per  capita  assessments  of  each  county,  and  the 
amount  derived  from  such  assessment  in  all  the  counties 
of  the  state;  the  income  derived  from  all  other  sources, 
together  with  the  amount  derived  from  each ;  likewise  in. 
what  sums,  for  what  purposes  and  in  what  manner  the- 
said  school  revenue  shall  have  been  expended,  and  what 
amount  of  school  moneys  of  various  kinds  are  in  the* 
various  county  treasuries  unexpended. 

Sec.  7516.  Shall  also  report  to  general  assembly. — 
He  shall  include  in  his  report  such  plans  as  he  may  have- 
matured  for  the  improvemejit  of  the  common  school  sys- 
tem of  this  state;  for  the  accumulation,  the  investment 
and  the  more  judicious  management  of  the  common, 
school  fund,  and,  when  he  may  deem  it  advisable,  shall 
recommend  measures  for  a  more  economical  and  advant- 
ageous collection  and  expenditure  of  the  revenues  accru- 
ing from  the  said  fund;  and  whenever  it  comes  to  his 
knowledge  that  any  of  the  investments  of  the  school  funds 
are  not  safe,  or  that  any  portion  of  the  said  fund  is  liable 
to  be  lost,  that  it  is  unproductive  of  revenue,  or  that  any 
of  the  school  revenues  have  been  diverted  from  their 
proper  channel  or  from  the  appropriate  objects  contem- 
plated, he  shall  report  the  facts  to  the  governor  and  to 
the  general  assembly,  if  in  session. 

Sec.  7517.  He  shall  make  a  statistical  table. — He 
shall  also  append  to  his  report  a  statistical  table,  com- 
piled from  the  materials  transmitted  to  his  office  by 

36 


DIGEST  OF  SOHIOOL  LAIWiS 

^school  officers,  with  proper  summaries,  averages  and 
-totals  given. 

Sec.  7518.  Shall  make  comparison. — He  shall  pre- 
rsent  such  comparison  of  results  and  such  an  exhibit  of 
his  administration,  and  of  the  operation  of  the  common 
free  school  system,  together  with  such  statements  of  the 
true  condition  of  the  schools  of  the  state,  as  shall  dis- 
iinctly  show  the  improvements  and  progress  made  from 
year  to  year  in  the  department  of  public  instruction. 

Sec.  7519.  Report  transmitted  to  General  Assembly, 
— The  annual  reports  of  the  state  superintendent  to  the 
governor  shall  be  transmitted  by  the  governor  to  the 
general  assembly  at  the  opening  of  the  session. 

Sec.  7520.  He  shall  have  reports  published. — He 
shall  have  his  reports  to  the  governor  published  as  soon 
as  practicable  after  they  have,  been  made,  and  shall  cause 
them  to  be  distributed  among  the  various  school  officers 
of  the  state,  to  be  kept  on  file  in  their  respective  offices. 
JProvided,  he  shall  not  have  more  than  five  thousand 
copies  of  such  reports  printed  for  any  one  year,  the 
printing  of  such  reports  to  be  let  out  as  other  contracts 
for  printing.    Act  December  7,  1875,  Sees.  16-23. 

Sec.  7521.  He  shall  make  a  pro  rata  apportionment, 
— He  shall  on  the.  first  Monday  of  September  of  each 
year  make  a  pro  rata  apportionment  to  the  several 
counties  of  the  state  of  the  remaining  revenues  in  the 
state  treasury  available  for  distribution  for  school  pur- 
poses, on  the  basis  of  the  number  of  persons  between 
the  ages  of  six  and  twenty-one  years,  residing  in  said 
•county,  respectively,  on  the  first  day  of  July  previous; 
and  he  shall  publish  a  statement  of  the  same,  as  early  as 
practicable,  shall  transmit  a  copy  thereof  to  each  county 
examiner  and  to  each  of  the  several  treasurers  in  the 
-state,  and  to  each  county  clerk,  who  shall  submit  the 

37 


DIOEST  OF  SCeOOLl  UAJWiS 

same  to  the  county  court  at  its  next  term;  and  he  shall* 
thereupon  draw  his  requisition  on  the  state  auditor  in> 
favor  of  the  treasurers  of  the  several  counties  for  such 
amount  as  the  said  counties  may  be  ejititled  to  receive 
for  the  support  of  free  common  schools.  Act  April  23, 
1901. 

Sec.  7522.  He  shall  publish  acts  of  General  Assew^ 
hly  and  give  opinions, — He  shall,  from  time  to  time,  pub- 
lish in  convenient  pamphlet  form,  and  furnish  each  school 
officer,  the  acts  of  the  general  assembly  relating  to  com- 
mon schools,  and  the  decisions  of  the  courts  having  com- 
petent jurisdiction  in  relation  to  the  school  laws;  and  he 
shall  likewise,  at  the  request  of  any  school  officer,  render 
a  decision  relating  to  the  intent,  construction  or  adminis- 
tration of  any  portion  of  the  school  laws  on  which  deci- 
sions shall  not  have  been  publislhed,  and  he  may,  when  he 
shall  deem  it  advisable  to  have  the  opinion  of  the  attor- 
ney general,  require  said  opinion  to  be  given  in  writing. 

It  is  the  duty  of  the  superintendent  of  public  instruction  to- 
render  decisions  relating  to  the  intent,  construction,  or  adminis- 
tration of  any  portion  of  the  school  laws.  The  attorney  general  is- 
the  legal  adviser  of  the  superintendent  and  not  of  scftiool  officers. 

Sec.  7523.  He  shall  have  access  to  auditors  hooks, 
— He  shall;  for  the  purpose  of  ascertaining  the  amounts,, 
safety  and  preservation  of  the  school  funds,  have  access 
to  the  auditor's  books  and  papers,  with  full  power  to  use 
and  inspect  the  same. 

Sec.  7524.  He  shall  deliver  records  to  successor, — 
At  the  expiration  of  his  term  of  office,  he  shall  deliver  to 
his  successor  possession  of  his  office,  together  with  all 
books,  records,  documents,  papers  and  other  articles  be- 
longing or  pertaining  to  his  office. 

Sec.  7525.    He  shall  affix  seal, — He  shall  affix  the^ 

38 


DIGEST  OF  SCiHOOLi  UAfWIS 

seal  of  the  department  of  public  instruction  to  all  official 
communications  from  his  office. 

Sec.  7526.  Vacancy  filled  by  appointment  by  Goo- 
ernor, — Whenever  a  vacancy  in  the  office  of  superin- 
tendent of  public  instruction  shall  occur,  from  death, 
resignation  or  otherwise,  the  governor  shall  appoint  a 
person  of  suitable  attainments  to  serve  the  remainder  of 
the  unexpired  term.  As  modified  by  Amendment  No,  3 
to  Constitution. 

Sec.  7527.  He  shall  not  act  as  agent  or  receive  gift, 
— Neither  the  state  superintendent  nor  county  examiner 
shall  act  as  agent  for  any  author,  publisher  or  bookseller, 
nor  directly  or  indirectly  receive  any  gift,  emolument, 
reward  of  promise  of  reward  for  his  influence  in  recom- 
mending or  procuring  the  use  of  any  book,  school  appa- 
ratus or  furniture  of  any  kind  wthatever,  in  any  public 
school;  and  any  school  officer  who  shall  violate  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  subject  to  removal  from  office.  Act  D'Z- 
cember  7,  1875,  Sees,  25-30. 

Sec.  7528.  He  may  grant  state  certificates. — The 
state  superintendent  of  public  instruction  shail  have 
power  to  grant  state  certificates,  which  shall  be  valid  for 
life,  unless  revoked,  to  any  person  in  the  state  who  shall 
pass  a  thorouglh  examination  in  all  those  branches  re- 
auired  for  granting  county  certificates;  and,  also,  in 
algebra  and  geometry,  physics,  rhetoric,  mental  phil- 
osophy, history,  Latin,  the  constitution  of  the  United 
States  and  of  the  state  of  Arkansas,  natural  history  and 
theory  and  art  of  teaching. 

state  licenses  are  not  granted  to  inexperienced  t'eachers.  Ap- 
plicants for  the  same  must  present  satisfactory  evidence  of  having 
taught  successfully  at  least  twenty  months. 

State  licenses  are  granted,  under  the  law,  only  on  approved 
examinations,  conducted  by  the  state  superintendent. 

39 


,  DIOEST  OF  SOHOOL  QLAWiS 

While  th-e  law  is  silent  as  to  the  scope  of  the  examination 
naming  the  subjects  only,  tihe  following  outline  will  give  an  idea 
as  to  the  requirements: 

* 
Algebra,  .  (  Botany,     \ 

Natural  History,  ]  Zoology,    /   Sucih  matter  as  is  comprehend- 

(  Geology,    >      ed  in  the  average  high  school 
Physics,  I       text-books   on   these   subjects. 

General  History,  / 

(Latin— Grammar  and  Composition;  first  four  books  of  Caesar; 
first  two  books  of  Virgil;  first  two  orations  of  Cicero  against  Cati- 
line, and  his  essay  \De  Senectute — or  equivalent  readings. 

Geometry— Plane  geometry,  and  first  two  books  of  solid 
geometry,  indluding  exercises. 

Rhetoric — With  special  reference  to  t(he  essentials  of  English 
composition. 

Constitution  of  the  United  States  and  of  Arkansas — Embracing 
a  study  of  the  origin,  subject-matter,  and  civic  relations  under  the 
same. 

Theory  and  Art  of  Teaching,  1  .    ^.  „         ■, .  ,  ^^.  ^.    ^ 

Mental  Philosophy,  |  "^^  discussed  in  works  on  these  subjects. 

Note — Holders  of  first  grade  certificates  may  not  be  exam- 
ined on  the  common  school  branches.  An  average  of  80'  per  cent, 
will  be  required  on  ali  subjects.  IBelow  70  per  cent,  on  any  sub- 
ject will  be  considered  a  failure  thereon. 

Sec.  7529.  He  may  grant  a  professional  license. — 
The  state  superintendent  of  public  instruction  is  author- 
ized to  grant  a  professional  license,  good  in  any  county 
of  the  state  for  a  period  of  six  years,  to  those  who  take 
a  satisfactory  examination  on  the  studies  required  for  a 
first  grade,  license,  and  in  addition  thereto,  an  approved 
examination  on  the  following  subjects:  Algebra,  plane 
geometry,  general  history,  rhetoric  and  civil  governmeni:. 
Examinations  for  this  grade  of  license  shall  be  held 
annually  at  at  least  two  convenient  points  in  the  stats. 
All  applicants  for  this  grade  of  license  shall  be  required 
to  pay  a  fee  of  $5.00  into  the  state  treasury. 

Sec.  7530.  Examinations — Time  and  manner. — 
Examinations  for  state  license  shall  be  held  annually  at 
the  same  time  and  place  as  the  examination  for  profes- 
sional license.    All  applicants  for  state  license  shall  pre- 

40 


MGEST  OF  SOHOOD  IJAIWS 

sent  a  certificate  showing  that  they  have  paid  the  sum  of 
$10.00  into  the  state  treasury.  The  fees  obtained  from 
tJie  applicants  for  professional  and  state  license  shall  be 
used  for  defraying  the  expenses  incurred  in  holding  the 
examinations,  and  the  remainder  thereof  shall  constitute 
an  institute  fund  and  a  library  fund  for  the  office  of  the 
department  of  public  instruction,  and  upon  requisitions 
•of  the  state  superintendent,  the  state  auditor  shall  draw 
warrants  upon  moneys  to  the  credit  of  this  fund  in  the 
state  treasury. 

state  and  professional  examinations  are  conducted  eacfli  year 
coincident  with  the  June  examinations. 

An   appropriation  by  the  legislature  is  necessary  before  this 
fund  can  be  drawn. 

Sec.  7531.  He  shall  recommend  text-hooks. — He 
shall  prepare,  for  the  benefit  of  the  common  schools  of 
the  state,  a  list  of  such  text-books  on  orthography,  read- 
ing in  English,  mental  and  written  arithmetic,  penman- 
ship, English  grammar,  modern  geograp(hy  and  history 
of  the  United  States  as  are  best  adapted  to  the  wants  of 
the  learner,  and  as  have  been  prepared  with  reference  to 
the  most  philosophical  methods  of  teaching  those 
branches,  and  shall  recommend  the  said  text-books  to 
teachers  and  to  directors  throughout  the  state. 

This  section  is  virtually  repealed  by  the  county  uniformity  law. 

Sec.  7532.  He  shall  prepare  graded  course  of  study, 
— The  state  superintendent  of  public  instruction  is 
hereby  directed  and  authorized  to  prepare  and  have 
printed  for  distribution  to  the  various  counties  of  the 
state,  within  four  months  after  the  passage  of  this  ace, 
a  graded  course  of  study  to  be  used  in  the  common  school 
districts  of  this  state,  said  course  of  study  to  embrace 
only  subjects  required  by  law  to  be  taught  in  said  com- 
mon schools,  and  to  indicate  the  amount  of  work  to  be 

41 


DIGEST  OF  SOHOOLi  UAWiS 

done  during  each  year  of  the  course.  It  shall  be  the^ 
duty  of  the  school  directors  to  see  that  the  course  of 
study  is  followed  in  each  of  their  schools,  as  far  as  it  is 
practicable  to  do  so ;  provided,  that  the  state  superintend- 
ent shall  not  designate  or  indicate  any  text-book  to  be 
used  in  the  schools,  nor  shall  any  teacher  adopt  or  use 
any  text-books  other  than  those  adopted  for  use  in  the 
district. 

Sec.  7533.  He  shall  adopt  seal. — He  shall  procure 
and  adopt  a  seal  for  his  office,  and  furnish  an  impression 
and  description  of  said  seal  to  the  secretary  of  state,  to 
be  preserved  in  his  office. 

Sec.  7534.  A  copy  made  eqoml  to  original. — A  copy 
of  any  paper  or  document  deposited  or  filed  in  the  office 
of  the  superintendent  of  public  instruction  shall,  when 
authenticated  by  the  said  seal,  be  evidence  equal,  to  all 
intents  and  purposes,  with  tihe  original. 

Sec.  7535.  He  shall  prepare  certificate  forms  and 
registers. — The  said  superintendent  shall  prepare  appro- 
priate forms  for  three  several  grades  of  certificates  to  be 
issued  to  teachers  by  the  county .  .examiners.  He  shall 
prepare  suitable  school  registers,  in  which  teachers,  at 
the  close  of  the  school  term,  are  to  make  their  reports 
to  the  trustees  of  the  name  and  age  of  each  pupil,  the 
date  of  each  pupiFs  entrance,  the  separate  days  on  which 
each  attended  school,  the  studies  each  pursued,  the  total 
attendance;  and,  shall  likewise  prepare  suitable  forms 
for  the  reports  of  directors  and  county  examiners.  Act 
December  7,  1875,  Sees.  33-37. 

This  register  must  be  kept  by  each  public  school  teaclier  ac- 
cording to  the  forms  prescribed,  before  any  charge  can  be  made- 
for  services. 

42 


DIGEST  OF  SOHOO'D  OJAWiS 

COUNTY  NORMAL  INSTITUTES. 

(Acts  1907,  Act  367,  Approved  May  23,  1907.) 

Section  7539-a. — County  Examiner  to  Hold  Insti- 
tute, 1.  It  shall  be  the  duty  of  the  county  examiners, 
of  the  various  counties  of  the  state  of  Arkansas  to  hold 
one  institute  for  the  white  teachers  and  one  for  the 
negroes  of  one  week  each  within  the  month  of  June  in 
each  year;  Provided,  if  there  are  any  less  than  eight 
teachers  of  either  race  in  any  county,  the  county  exam- 
iner may  arrange  the  institute  as  may  seem  best  to  him, 
and,  provided  further,  that  the  county  examiner  may 
appoint  some  competent  person  to  take  charge  of  and 
conduct  the  institute  for  the  negroes. 

Sec.  7539-6. — State  Superintendent  Shall  Outline 
Work,  2.  It  shall  be  the  duty  of  the  state  superintend- 
ent of  public  instruction  to  outline  the  work  in  the  com- 
mon school  branches  to  be  done  at  the  institutes,  and  all 
of  the  time  of  said  institute  sihall  be  devoted  to  class  work 
in  the  branches  of  reading,  writing,  arithmetic,  orthog- 
laphy,  grammar,  geography,  history  of  the  United  States 
and  the  State  of  Arkansas,  theory  and  practice  and  phy- 
siology. 

Elementary   agriculture   and   horticulture   added   to   above   "by- 
Act  of  May  31,  1909. 

Sec.  7539-c. — Teachers  Must  Attend  Institutes,  3 
It  shall  be  the  duty  of  the  teachers  holding  license  to 
teach  in  the  public  schools  of  the  State  of  Arkansas,  to 
attend  said  institutes  for  the  full  time,  unless  excused  by 
the  conductor,  and  to  do  the  work  outlined  by  the  state 
superintendent  of  public  instruction. 

Sec.  7539-cZ. — Examiner  May  Review  License,  4. 
The  county  examiner,  on  finding  that  the  teachers  in 
attendance  for  not  less  than  three  days  are  entitled  to 


43 


DIGEST  OF  SOHXX))Ll  UAJWIS 

the  grade  of  license  they  hold,  shall  endorse  the  same 
at  the  close  of  the  institute,  and  said  indorsement  shall 
liave  the  effect  of  extending  the  license  from  the  time  of 
its  expiration  for  the  time  for  which  it  was  originally 
itisued,  provided,  said  license  shall  expire  before  the 
-convening  of  the  next  institute;  provided,  the  exam- 
iner may  endorse  a  third  grade  license  issued  at  the 
September  examination  next  preceding  the  June  insti- 
tute, and  providing  further,  that  said  teacher  shall  have 
complied  with  the  provisions  of  this  act ;  but  no  third 
^rade  license  shall  be  renewed  more  than  once ;  no  second 
grade  license  shall  be  renewed  more  than  twice. 

Sec.  7539-e. — Attendance  at  Other  Institutes  or 
Normals,  5.  Teachers  who  attend  Peabody  institutes 
or  other  institutes  or  summer  normals  may  have  their 
license  renewed  by  any  examiner  to  whom  application 
for  renewal  is  made  on  presenting  within  ten  days  after 
the  close  of  such  institutes  or  normals  certificates  of 
attendance  together  with  receipt  from  the  county  treas- 
iirer  for  the  payment  of  regular  examination  fee. 

Sec.  7539-/. — Renewal — When  Made.  6.  Except 
as  provided  above,  endorsement  shall  be  made  only  at 
the  close  of  the  June  institutes  and  only  to  teachers  who 
attend  the  institutes  in  the  county  in  which  application 
for  endorsement  is  made  and  the  same  fee  shall  be  nv 
quired  for  endorsements  extending  the  time  of  licenses 
as  is  required  for  regular  examinations. 

5ec.  7539-5r. — Those  Holding  State  and  Professional 
License  Shall  Assist.  7.  It  shall  be  the  duty  of  those 
holding  state  and  professional  licenses  to  attend  the  in- 
stitutes and  assist  the  county  examiner  in  conducting  the 
same  and  said  licenses  shall  be  endorsed  as  county 
licenses,  showing  the  attendance  at  the  institute,  and  if 

44 


DIGEST  OF  SCHOOLl  LAWS 

the  same  be  not  endorsed  each  year  for  five  consecutive- 
years,  it  shall  be.  null  and  void. 

Sec.  7539-/^. — State  Superintendent  May  Revoke 
Licence.  8.  The  state  superintendent  of  public  instruc- 
tion is  hereby  authorized  and  empowered  to  revoke  the 
dicense  of  any  county  examiner  v^ho  fails  or  neglects  to 
perform  any  of  the  other  duties  required  of  him  by  law. 
Upon  receiving  notice  of  such  revocation  of  the  license  of 
p  county  examiner  the  county  judge  shall  within  twenty 
days  appoint  another  examiner  in  •  accordance  with  the 
law  regulating  the  appointment  of  county  examiners. 

Sec.  7539-z. — Laws  in  Conflict  Repealed.  9.  AIL 
laws  and  parts  of  laws  in  conflict  herewith  are  hereby 
repealed,  and  this  Act  take  effect  and  be  in  force  from 
and  after  its  passage. 

COMMON  SCHOOL  DISTRICTS. 

FORMATION. 

Sec.  7540.  Notice  of  change  in  district  shall  be 
given. — ^When  a  change  is  proposed  in  any  school  dis- 
trict, notice  shall  be  given  by  the  parties  proposing  the 
change,  by  putting  up  hand  bills  in  four  or  more  con- 
spicuous places  in  each  district  to  be  affected,  one  of  said 
notices  to  be  placed  on  the  public  school  building  in  each 
affected  district.  All  of  said  notices  to  be  posted  thirty 
days  before  the  convening  of  the  court  to  which  they 
propose  to  present  their  petition;  said  notices  shall  give 
V  geographical  description  of  the  proposed  change.  Act 
of  April  8,  1891. 

The  assessment  for  taxation  of  the  property  rights  of  the  rail- 
way company  in  iSchooT  District  No.  84  was  not  affected  by  the 
prior  transfer  of  Jones  School  tax  levied  on  the  land  out  of  which 
the  railway  company's  easement  was  carved. — School  District  No. 
4  V.  School  No.  84;  93  Ark.,  112,  124  S.W.,  238. 

CORPORATE  POWERS  OF  SCHOOL  DISTRICTS. 

Sec.  7541.    District  shall  be  body  corporate. — Eachi 

45 


DIGEST  OF  SOHiqOL  lL/AIWS 

school  district  shall!  be.  a  body  corporate,  by  the  name 
and  style  of  ''School  District  No.  — ,  of  the  county  of 

;"  and  by  such  name  may  contract  and  be  contracted 

with,  sue  and  be  sued,  in  any  of  the  courts  of  this  state 
having  competent  jurisdiction. 

EMINENT  DOMAIN,   IN  CERTAIN  COUNTIES. 

Section  7541-a. — Districts  to  Have  Power  of  Emi- 
nent Domain.  1.  The  school  districts  in  this  state,  are 
hereby  authorized  to  exercise  the  power  of  eminent 
domain  and  to  condemn,  take  and  use  private  property 
for  the  use  of  said  school  districts  for  school  houses  or 
necessary  play  grounds  or  other  necessary  uses  incidental 
thereto.    Act  376,  Approved  May  31,  1911. 

Sec.  7451-&. — Must  First  Offer  Just  CompensatiotK 
'2.  Whenever  any  such  district  shall  deem  it  desirable 
or  necessary  to  condemn,  take  or  use  any  private  prop- 
erty for  the  purposes  mentioned  in  section  1,  it  may 
•condemn  the  same,  first  offering  just  compensation 
therefor.     Act  376,  Approved  May  31,  1911. 

Sec.  754  1-c. — Proceedings  for  Condemnation,  3. 
In  case  the  owners  of  such  property  and  the  authorized 
I'oard  of  directors  of  the  school  district  shall  not  be  able 
to  agree  on  the  price  to  be  paid  for  such  property,  the 
said  school  district  may  file,  in  the  circuit  court  of  the 
tiounty  where  such  property  is  situated,  condemnation 
proceedings,  in  which  they  shall  set  out  specifically 
the  description  of  the  property  desired,  the  purposes 
for  which  it  is  desired,  and  that  the  said  district  and 
the  owner  have  not  been  able  to  agree  upon  a  price 
therefor,  and  may,  if  the  use  or  enjoyment  of  the  prop- 
erty is  needed  forthwith  for  the  construction  of  any 
building  or  proper  carrying  on  of  any  school,  request 
the  court,  or  the  judge  thereof,  at    a    convenient  day, 

46 


DIGEST  OF  SCeOOOj  (LAJWS 

Tiotice  of  such  application  being  given  such  owner,  to 
fix  a  proper  sum  of  money  to  be  deposited  as  security 
for  the  payment  of  such  damages  as  may  be  assessed, 
whereupon  they  shall  have  authority  to  take  immediate 
possession  of  such  premises  for  uses  as  set  up  in  their 
petition.    Act  376,  Approved  May  31,  1911. 

Sec.  7541-d — Compensation  to  Be  Fixed  by  Jury, 
4.  If  the  damages  or  proper  compensation  for  such 
property  are  not  agreed  upon  before  the  case-  is  called 
for  trial  in  its  regular  order,  a  jury  shall  be  empan- 
eled who,  after  hearing  all  the  testimony,  shall  fix  the 
compensation  to  be  paid  by  such  district,  not  exceed- 
ing the  actual  value  of  the  land  taken,  without  taking 
into  consideration  either  detriment  or  benefit  on  account 
of  school  use  to  said  property  or  any  adjacent  property. 
Act  376,  Approved  May  31,  1911. 

Sec.  '7541-e. — Payment  and  Vesting  of  Title;  Act 
Applicable  to  What  Counties,  5.  After  the  compensation 
is  so  fixed  by  the  jury,  as  in  the  preceding  section  pro- 
vided, the  school  district  shall,  within  sixty  days  there- 
after, pay  to  the  owner  of  said  proptrty,  or  to  the  clerk 
of  the  court  wherein  such  verdict  was  rendered,  the 
amount  of  such  verdict,  and  the  court  shall  thereupon 
enter  an  order  condemning  said  property  and  vesting  the 
title  in  the  same  for  school  purposes  in  said  district; 
provided,  either  party  shall  have  the  right  of  appeal 
from  any  such  order  or  judgment. 

The  provisions  of  this  Act  shall  apply  to  the  follow- 
ing named  counties  only:  Howard,  Jackson,  Faulkner, 
Logan,  Arkansas,  Woodruff,  Cross,  Madison,  Pulaski, 
Pope,  Yell,  Searcy,  Sevier,  Mississippi,  Miller,  Critten- 
den, Baxter,  Craighead,  Montgomery,   Cleburne,  Sebas- 

47 


DIOEIST  OF  SOHODD  LiAIWS 

tian  and  Little  River.     Act  238,  Approved  March  29^ 
1913. 

A  school  district,  in  seeking  a  recovery  of  funds  illegally  paid 
on  the  warrants  of  its  directors,  does  not  exercise  any  of  the  func- 
tions of  the  sovereign  power.  Clark  v.  Sdhool  District  No.  16, 
84  Ark.,  520;  106  S.W.,  677. 

Sec.  7542.  Shall  hold  the  title  of  lands. — Every  dis- 
trict shall  hold  in  the  corporate  name  of  the  district  the 
title  of  lands  and  other  property  which  may  be  acquired 
by  said  district  for  school  district  purposes.  Act  Decern^ 
her  7,  1875,  Sec,  53. 

School  districts  are  not  liable  for  trespass  committed  by  their 
officers.  School  District  No.  11  v.  "Williams,  38  Ark.,  454.  See 
School  District  v.  Bodenhamer,  43  Ark.,  140;  School  District  v. 
Reeve,  56  Ark.,  68. 

Mandamus  can  only  be  used  after  judgment  against  a  school 
district  to  force  the  payment  of  debt.  School  District  v.  Boden- 
hamer,  43  Ark.,  140. 

School  property  is  not  subject  to  the  tax  and  suit  therefor,  for 
local  improvements  of  a  public  nature.  Board  v.  School  District, 
56  Ark.,  3'o4. 

Deed  conveying  land  to  people  of  school  district  Is  sufficient. 
Morris  v.  School  District,  63  Ark.,  149. 

District  may  sue  for  trespass.  lb..  May  employ  attorneys.. 
Stat-e  V.  Aven,  70  Ark.,  291. 

Sec.  7543.  Number  required  for  formation, — No 
new  school  district  shall  be  formed  having  less  than 
thirty-five  persons  of  scholastic  age  residing  within  the- 
territory  included  in  such  new  district,  and  no  district 
row  formed  shall,  by  the  formation  of  a  new  district  or 
transfer,  be  reduced  to  less  than  thirty-five  persons  of 
scholastic  age.    Act  April  8,  1887,  Sec.  2.    See  Sec.  7639. 

Sec.  7544.  County  court  may  form  districts. — The 
county  court  shall  have  the  right  to  form  new  school  dis- 
tricts or  change  the  boundaries  thereof,  upon  a  petition 

48 


DIGEST  OF  SOHIOOL  ILAIWB 

of  a  majority  of  all  the  electors  residing  upon  the  terri- 
tory of  the  district  to  be  divided. 

This  section  contemplates  a  petition  by  a  majority  of  the  elec- 
tors of  all  the  districts  combined,  and  not  a  majority  of  the  electors 
of  each  district  separately.    Hudspeth  v.  WalUs,  54  Ark.,  134. 

An  admission  that  district  was  duly  organized  is  conclusive  as- 
to  its  legal  formation.  Evins  v.  Batchelor,  €1  Ark.,  521.  See 
School  District  v.  School  District,  63  Ark.,  543. 

The  order  of  the  county  court  consolidating  two  sdhool  dis- 
tricts  is  finai,  unless  overruled  by  a  higher    court.     P^ either  the- 
state  superintendent  nor  the  county  examiner  has  any  authority. 
in  the  premises. 

iSec.  7545.  Law  must  govern  formation. — Such  ter-^v 
ritory  shall  have  the  requisite  number  of  children  or- 
property  to  comply  with  the  now^  existing  law  in  such, 
case. 

SEC.  7546.  New  district  held  liable  for  debt. — In' 
the  formation  of  new  school  districts  that  part  of  terri- 
tory taken  off  from  the  old  district  or  districts,  shall  be 
held  liable  for  a  proportionate  part  of  the  old  indebted- 
ness of  the  former  district  or  districts  at  the  time  of  the- 
nxaking  of  said  new  district. 

Sec.  7547.  County  court  shall  divide  surplus. — In^ 
case  there  be  a  surplus  fund  on  hand  at  the  time  of  the- 
formation  of  said  district,  it  shall  be  entitled  to  a  propor- 
tionate part  of  said  fund,  the  same  to  be  ascertained  and^ 
determined  by  the  county  court  of  the  county  in  which 
said  new  district  may  be  created,  as  in  the  judgment  of 
said  court  may  be  considered  right  and  proper.  Act 
April  8,  1887,  Sec.  3. 

See  Evins  v.  Batche-lor,  61  Ark.,  521;  District  No.  15  v.  District 

Section  7547-a. — Two  or  more  districts  may  be  co'h^ 

49 


DIGEST  OF  SCHOOIj  LiAfWS 

solidated.  1.  Any  two  or  more  school  districts  in  this 
state  may  be  organized  into  and  established  as  a  single 
consolidated  school  district  in  the  manner  and  with  the 
powers  hereinafter  specified. — Acts  1911,  Act  116,  Ap- 
proved March  24,  1911.) 

Sec.  7547-6. — Directors  to  submit  question,  when. 
2.  The  board  of  school  directors  of  each  school  district 
proposing  to  enter  into  the  consolidation  may,  and,  upon 
the  written  petition  of  ten  per  cent  of  the  electors  of  the 
district  shall,  at  any  annual  election  or  at  a  special  elec- 
ion  to  be  held  for  that  purpose,  which  special  election 
shall  be  held  not  less  than  thirty  nor  more  than  sixty 
days  from  the  date  of  the  presentation  of  the  petition, 
submit  the  question  of  consolidation  to  the  electors  of  the 
district. 

Sec.  7547-c. — Mu^t  give  notice  that  question  is  to  be 
voted  on,  3.  The  board  of  directors  of  the  district  shall 
give  notice  that  the  question  of  consolidation  is  to  be 
voted  on  by  posting  notices  in  at  least  five  public  places 
m  the  school  district,  and  by  posting  a  notice  at  the 
school  house  of  the  district,  at  least  five  days  before  the 
day  of  election.  If  a  special  election  is  held  it  shall  be 
held  by  the  officers  and  in  the  manner  provided  in  Sec- 
tion 7591  of  Kirby's  Digest.  The  ballots  shall  have  writ- 
ten or  printed  on  them,  "For  Consolidated  School  Dis- 
trict" and  "Against  Consolidated  School  District."  The 
returns  of  said  election  shall  be  made  to  the  clerk  of  the 
county  court. — lb. 

Sec.  7547-d.—Duty  of  county  court  if  majority  vote 
for  consolidation.  4.  If  a  majority  of  the  qualified  voters 
of  each  school  district  proposing  to  enter  into  the  con- 
solidation shall  vote  "For  Consolidated  School  District," 


50 


'   DIGEST  OF  SOHOOL  LAWIS 

it  shall  be  the  duty  of  the  county  court  on  the  first  day 
or  which  the  court  may  be  in  session  after  the  returns 
of  the  election  have  been  filed  with  the  county  clerk,  to 
make  an  order  dissolving  said  school  districts  and  creat- 
ii'g  out  of  the  same  territory  a  new  district  to  be  desig- 
nated "Consolidated  School  District  No.  — ."  Said  order 
shall  designate  the  place  of  holding  the  annual  and  spe- 
cial elections  of  the  consolidated  district,  which  shall  be 
held  at  the  time  and  in  the  manner  now  provided  by  law. 
—76. 

Sec.  7547-e. — Consolidated  districts,  how  governed. 
5.  Between  the  date  of  the  consolidation  and  the  first 
annual  election  the  said  consolidated  school  district  shall 
be  governed  by  a  board  of  directors  composed  of  all  the 
directors  of  the  several  school  districts  entering  into  the 
consolidation,  but  after  the  first  annual  election  the  con- 
solidated school  district  shall  be  governed  by  a  board  of 
six  directors  to  be  elected  in  the  manner  provided  in  Sec- 
tion 7591  of  Kirby's  Digest  by  the  qualified  voters  of  the 
consolidated  district.  At  the  first  annual  election  after 
the  consolidation  the  six  candidates  receiving  the  highest 
number  of  votes  shall  serve,  two  for  three  years,  two  for 
two  years,  and  two  for  one  year,  and  they  shall  deter- 
mine by  lot  which  shall  serve  for  these  respective  periods. 
At  each  succeeding  annual  election  two  directors  shall  be 
elected  to  serve  for  a  term  of  three  years  and  until  their 
successors  are  elected  and  qualified.  Vacancies  in  the 
board  shall  be  filled  as  provided  in  Section  7682  of 
Kirby's  Digest. — /&. 

Sec.  7547-/. — Board  of  Directors  to  organize  and 
hold  regidar  meetings.  6.  Said  board  of  directors  shall 
organize  as  provided  in  Section  7681  of  Kirby's  Digest, 
and  shall  hold  regular  meetings,  and  have  the  powers? 

51 


DIOEST  OF  SCHOOlLi  iLAiWS 

and  discharge  the  duties  prescribed  in  Section  7683  of 
Kirby's  Digest. — lb. 

Sec.  '  7547-5^. — Powers  of  Board  of  Directors,  7. 
Said  board  of  directors  shall  have  the  power  to  purchase 
or  lease  school  house  sites;  to  build,  purchase  or  lease- 
school  houses,  and  keep  them  in  repair;  to  purchase  or 
acquire  the  use  of  the  necessary  desks,  seats,  furniture, 
fixtures,  apparatus,  books,  stationery  and  school  equip- 
ment; to  provide  water;  light  and  heat  for  school  build- 
ings, fence  school  grounds,  erect  out-houses,  and  make 
any  and  all  improvements  necessary  or  proper  for  the 
health,  comfort  or  convenience  of  pupils;  to  provide 
records,  blank  books  and  stationery  for  the  board  of 
directors,  and  registry  blanks  and  stationery  for  teach- 
ers; to  procure  insurance  on  any  property  belonging  to- 
the  district;  to  hire  the  necessary  teachers,  officers  and 
employees;  to  provide  ample  facilities  and  establish  and* 
maintain  a  sufficient  number  of  grades  in  one  consoli- 
dated school  to  accommodate  all  the  pupils  in  the  con- 
solidated district,  if  practicable;  and,  if  not,  to  provide, 
equip  and  maintain  other  schools  in  the  district ;  to  de- 
termine the  branches  to  be  taught  and  the  text-books  to 
be  used,  in  accordance  with  the  laws  governing  special 
school  districts;  to  admit  pupils  from  other  school  dis- 
tricts, upon  such  terms  as  may  be  agreed  upon  with  their 
parents  or  guardians,  or  with  the  district  from  which 
they  come;  to  procure  for  pupils  living  in  the  district  the- 
privilege  of  attending  school  in  other  districts  upon 
terms  to  be  agreed  upon  with  such  districts,  and  to  pay 
the  charges  therefor;  to  examine,  from  time  to  time,  the 
books  and  accounts  of  the  county  treasurer,  so  far  as 
they  relate  to  the  several  funds  belonging  to  the  district;, 
and  to  appoint  a  committee  of  three  to  serve  during  the 
pleasure  of  the  board  of  directors,  whose  duty  it  shall  be 


52 


DIGEST  OF  SOHOOL  lAIWiS 

to  visit  the  school  or  schools  of  the  district.  The  board 
of  directors  shall  also  have  power,  when  in  the  judgment 
of  a  majority  of  said  board  the  interests  of  the  district 
demand  it,  to  sell,  exchange  or  lease  any  property,  real  or 
personal,  belonging  to  the  consolidated  district,  or  which 
belongs  to  any  district  merged  into  the  consolidated  dis- 
trict, and  a  deed  or  bill  of  sale  executed  by  the  president 
of  said  board  of  directors  pursuant  to  a  resolution  of  the 
board  shall  pass  all  the  right,  title  and  interest  of  the 
district  to  the  purchaser  or  buyer. — lb. 

Sec.  7547-/1. — Title  to  real  estate,  how  vested,  8. 
The  title  to  all  the  real  estate  and  other  property  belong- 
ing to  the  several  school  districts  entering  into  the  con- 
solidaed  school  district  shall  best  absolutely  in  the  con- 
solidated school  district. — lb. 

Sec.  7547-z. — To  be  body  corporate.  9.  Each  con- 
solidated school  district  formed  under  this  Act  shall  be 
,  a  body  corporate,  and  by  its  corporate  name  may  sue  and 
be  sued,  contract  and  be  contracted  with,  purchase,  ac- 
quire, lease,  hold,  sell  and  exchange  property,  and  re- 
ceive grants,  gifts  and  bequests,  and  shall  generally  pos- 
sess and  enjoy  all  the  corporate  powers  usually  possessed 
by  bodies  corporate  of  like  character. — lb. 

Sec.  7547-y. — Debts  of  the  several  districts  paid, 
how.  10.  The  board  of  directors  of  a  consolidated 
school  district  shall  pay  and  discharge  all  the  debts  and 
liabilities  lawfully  incurred  by  the  several  districts  enter- 
ing into  the  consolidated  school  district. — lb. 

Sec.  7547-A;. — Penalty  for  refusal  to  serve  as  direc" 
tor.  11.  Any  person  elected  a  director  of  a  consolidated 
-school  district  who  shall  fail  to  perform  the  duties  of 

53 


DIGEST  OF  SCeOOL  UAlWiS 

such  director,  shall  suffer  the  penalty  named  in  Section. 
7691  and  Section  7692  of  Kirby's  Digest.— /&. 

Sec.  7547-Z.  12.  Section  7693  and  7694  of  Kirby's 
Digest  shall  apply  to  consolidated  school  districts  formed 
under  this  Act. — lb. 

Sec.  7547-m. — Board  to  have  power  to  borrow 
money.  13.  Consoldiated  school  districts  shall  have  the 
power  to  borrow  money  for  the  purposes  and  in  the  man- 
ner provided  in  Sections  7696,  7697  and  7698  of  Kirby's 
Digest.  In  addition  to  such  power,  the  board  of  direc- 
tors shall  have  the  power  to  borrow  money  for  building 
purposes,  if  authorized  by  a  vote  of  a  majority  of  the 
electors  of  the  district  at  any  annual  election.  Such  vote 
may  be  "For  Building  Fund"  or  "Against  Building 
Fund,"  and  shall  state  the  amount  of  the  building  fund 
tax  which  the  voter  desires  levied.  If  a  building  fund  is 
voted,  the  amount  of  such  tax  shall  be  determined  by 
taking  the  largest  amount  or  rate  of  taxation  voted  for 
by  a  majority  of  the  voters  and  if  no  rate  shall  have 
received  such  majority,  then  all  the  votes  cast  for  the 
highest  rate  shall  be  counted  for  the  next  highest  and  so 
on,  till  some  rate  voted  for  shall  receive  a  majority  of  all 
the  votes  cast.  If  a  majority  of  the  votes  cast  are  "For 
Building  Fund"  it  shall  be  equivalent  to  voting  a  buildr 
ing  tax  of  the  amount  or  rate  as  determined  by  this  sec- 
tion for  each  succeeding  year  until  the  money  borrowed 
by  the  board  of  directors,  pursuant  to  such  vote.,  together 
with  all  interest  thereon,  shaill  have  been  fully  paid. 
When  a  building  fund  has  been  specially  voted  for,  as 
provided  in  this  section,  the  board  of  directors  may 
borrow  money,  and  mortgage  the  real  property  of  the 
district  as  security  therefor,  under  such  conditions  and' 
regulations  as  to  amount,  time  and  manner  of  payment; 


54 


DdGWEST  OF  SCeOOLl  IJAIWIS 

as  the  board  of  directors  shall  determine,  and  may,  from 
time  to  time,  renew  or  extend  any  evidence  of  the  indebt- 
edness or  mortgage  issued  or  executed  hereunder.  All 
moneys  borrowed  under  this  provision  shall  be  placed  in 
the  county  treasury  to  the  credit  of  the  building  fund  of 
the  district,  and  the  board  of  directors  shall  issue  to  the 
person,  firm  or  corporation  advancing  or  ^lending  such 
money  a  certificate,  signed  by  the  president?  and  secre- 
tary of  said  board,  in  the  following  form : 

This  is  to  certify  that  at  the  annual  election  held 
on  the day  of ,  19 ,  in  Consoli- 
dated School  District  No County, 

Arkansas,  a  majority  of  the  electors  of  said  district  cast 
their  votes  "For  Building  Fund,*'  and  fixed  the  amount 
or  rate  at mills;  and  that  pursuant  to  the  provi- 
sions of  an  Act  approved  on  the day  of , 

19 ,  the  board  of    directors    of    said  consolidated 

school  district  have  borrowed  from the  sum 

of  $ ,  for  a  period  of years,  which 

amount,  with  interest  at  the  rate  of per  cent  per 

annum  from  this  date  until  paid,  is  to  be  paid  from  funds 

arising  from  a  tax  of mills  to  be  levied  annually 

upon  the  property  in  said  district. 

Witness  our  hands,  as  directors  of  said  consolidated 

school  district,  on  this  the day  of 

19 


55 


DIGEST  OF  SOHOOL  iLAJWlS 


The  said  certificate  shall  be  executed  in  triplicate 
^nd  signed  by  a  majority  of  the  board  of  directors.  One 
copy  shall  be  retained  by  the  board,  another  shall  be  de- 
livered to  the  lender,  and  the  third  shall  be  filed  by  the 
i>oard  of  directors  with  the  clerk  of  the  county  court. 
Upon  the  filing  of  said  certificate,  it  shall  be  the  duty  of 
the  county  court  to  levy  each  succeeding  year  a  building 
tax,  of  the  amount  or  rate  voted  for,  against  the  prop- 
-erty  in  said  district,  until  the  amount  thus  borrowed, 
-with  the  interest  due  thereon,  has  been  fully  paid.  Jt 
•sliall  be  the  duty  of  the  county  treasurer  to  pay  to  the 
holder  of  said  certificate,  upon  demand,  any  funds  to 
the  credit  of  the  building  fund  of  said  district,  applying 
the  same  first  to  the  payment  of  the  interest  due. 

Provided,  That  whether  the  vote  be  "For  Building 
Tund"  or  "Against  Building  Fund,"  this  shall  not  pre- 
vent the  electors  from  voting  for  a  building  tax  as  now 
provided  by  law. 

Provided,  further,  That  the  county  treasurer  shall 
receive  no  commission  on  the  building  funds  of  consoli- 
dated school  districts  handled  by  him. — Ih. 

Sec.  7547-n. — Funds  of  several  districts  transferred 
to  consolidated  district,  14.  All  funds  to  the  credit  of 
the  several  school  districts  dissolved  and  consolidated 
under  this  Act  shall  be  transferred  to  the  credit  of  the 
consolidated  school  district,  and  all  outstanding  debts  of 
the  dissolved  school  districts  shall  be  charged  to  and  paid 
hy  the  consolidated  school  district. — Ih. 

Sec.  7547-0. — Board  may  provide  for  transportation 
o/  pupils.    15.    The  board  of  directors  shall  have  power 

56  V 


OIGBST  OF  SOHIOOD  liAIWIS 

to  provide  such  transportation  for  the  pupils  of  the  dis- 
tricts as  the  board  may  deem  advisable,  and  may  pur- 
chase, rent  or  hire  conveyances  for  this  purpose;  or  the 
board  of  directors  may  enter  into  contracts  with  others 
for  transportation  service,  requiring  proper  bonds  for 
the  faithful  performance  of  the  terms  of  said  contracts. 
:Such  transportation  shall  be  comfortable  and  safe,  and 
shall  be  governed  by  such  rules  and  regulations  as  the 
board  of  directors  may  prescribe.  The  cost  of  transpor- 
tation shall  be  paid  out  of  the  school  funds  to  the  credit 
of  the  consolidated  school  district. — lb. 

Sec.  7547.-2?. — General  laws  to  govern  when  applic- 
^able.  16.  The  provisions  of  the  general  school  laws  of 
the  state  and  the  provisions  of  the  special  act  for  the 
regulation  of  schools  in  cities  and  towns  which  are  now 
or  may  hereafter  be  in  force,  so  far  as  applicable  and  not 
inconsistent  with  or  repugnant  to  this  Act,  shall  apply 
to  consolidated  school  districts  created  under  this  Ac;, 
but  those  provisions  which  are  inconsistent  with  or  re- 
pugnant to  the  provisions  of  this  Act  shall  not  apply  to 
consolidated  school  districts;  and  this  Act  shall  take 
effect  and  be  in  force  from  and  after  its  passage.. — lb. 

Sec.  7547-g. — Consolidation  on  petition  of  electors. 
1.  Whenever  a  majority  of  the  electors  of  any  number 
■of  school  districts,  which  are  contiguous,  situated  in 
two  or  more  adjoining  counties  petition  the  county  court 
of  the  respective  counties  for  the  formation  of  a  com- 
mon school  district,  a  consolidated  school  district,  or  a 
special  or  single  school  district,  the  county  court,  within 
fifteen  days  after  the  filing  of  such  petition,  together 
v/ith  a  map  showing  the  total  amount  of  territory  to  be 
embraced  in  said  proposed  district  and  written  descrip- 
tion of  the  boundaries  of  the  same  showing  all  districts 

57 


DIGEST  OF  SOHOOLJ  UAWS 

and  parts  of  districts  so  embraced,  shall  order  an  elec- 
tion, and  specify  the  time  for  holding  the  same  in  each 
district  so  petitioning. 

The  directors  in  each  district  shall  serve  as  the 
j  udges  of  said  election,  together  with  two  clerks  select  3d 
by  the  judges,  who  shall  hold  said  election  and  shall 
make  returns  of  the  election  to  the  county  ^lerk  of  the. 
county  in  which  such  district  is  located.  Notices  of 
such  special  election  shall  be  posted  in  at  least  thre.e 
public  places  in  each  district  at  least  ten  days  befo.^e 
such  special  election  and  such  special  election  shall  be 
held  in  each  district  at  the  regular  voting  place. 

The  ballot  of  said  special  election  shall  be,  "For 
Common  School  District,''  "Against  Common  School 
District,"  "For  Consolidated  School  District,"  "Against 
Consolidated  School  District,"  or,  "For  Special  School 
District,"  "Against  Special  School  District" — as  the 
kind  or  class  of  said  proposed  district  may  have  been 
designated  in  said  petitions. 

If  a  majority  vote  of  such  election  in  each  district 
be  for  the  formation  of  said  proposed  district,  the  county 
court  of  the  county  in  which  such  district  is  located  at 
its  regular  next  time  of  meeting,  shall  make  an  order 
of  transfer  of  such  districts  or  parts  of  districts  to  said 
proposed  district.  Provided,  in  such  transfer  herein 
mentioned  no  district  shall  be  reduced  to  less  than  35- 
persons  of  scholastic  age. 

In  the  event  however,  a  majority  vote  in  any  dis- 
trict be  against  the  formation  of  said  proposed  district, 
then  the  district  or  part  of  district  affected  shall  not  be 


58 


DIGEST  OF  ©GHIOOLI  liAWIS 

made  a  part  of  said  proposed  district. —  {Act  450,  Ay- 
proved  June  2,  1911.) 

Sec.  7547'r, — Boaixl  to  he  appointed  by  County 
Court,  when,  2.  Whenever  a  district  is  formed  under 
the  provisions  hereinbefore  set  forth,  such  district  shall 
possess  and  have  all  the  powers  and  privileges  now  given 
to  districts  of  the  kind  or  class  designated  in  said  peti- 
tion, as  provided  in  section  one  of  this  Act. 

When  such  district  shall  be  formed  as  provided  in 
this  Act,  there  shall  be  appointed  by  the  county  court  of 
the  county  in  which  the  largest  area  of  territory  of  such 
district  is  situated  a  board  of  three,  or  six  directors,  as 
the  case  may  be  according  to  the  kind  or  class  of  district 
so  formed,  from  the  electors  of  all  the  districts  affected. 
Said  board  of  directors  shall  serve  until  the  next  annual 
school  election,  at  which  election  a  board  of  directors 
shall  be  elected  in  said  district.  Provided,  that  in  the 
case  of  common  school  districts  there  shall  be  elected  a 
board  of  three  directors,  one  to  serve  one  year,  one  to 
serve  two  years,  one  to  serve  three  years;  and  in  the 
case  of  consolidated,  or  special  school  districts,  there 
shall  be  elected  a  board  of  six  directors,  two  to  serve  for 
one  year,  two  to  serve  for  two  years,  and  two  to  serve 
for  three  years,  and  annually  thereafter  an  election  shall 
be  held  in  said  district,  as  provided  by  statutes  for  an- 
nual school  elections  for  districts  of  the  kind  or  class  of 
the  respective  districts  formed  under  this  act. — Ih, 

Sec.  7547-s. — For  certain  purposes,  district  consid- 
ered part  of  county  from  which  largest  portion  was 
taken.  3.  For  the  purpose  of  administration  of  the 
affairs  of  said  district,  such  as  making  the  annual  and 
enumeration  reports,  certifying  the  election  of  directors, 

59 


DIGEST  OF  SOHOOfL  UAIWIS 

^nd  any  and  all  other  reports  now  required  to  be  made 
by  directors  and  teachers,  said  district  shall  be  consid- 
ered a  part  of  the  county  in  which  the  largest  area  oi 
territory  of  said  district  is  located,  and  all  such  reports 
as  are  required  to  be  made  to  the  respective  officer  of 
such  county.  Provided,  that  the  teacher  or  teachers  of 
said  district  is  considered  a  part  for  the  administration 
of  its  affairs.  Provided^  further,  that  persons  living  in 
-any  part  of  said  district  shall  have  the  same  right  to 
vote  and  to  hold  office  as  those  persons  living  in  any 
ether  part  of  the  district. — lb. 

Sec.  Ib^l-t. — Tax  voted,  how  reported.  4.  The  tax, 
.amount  and  kind,  voted  in  said  district  shall  be  reported 
by  the  directors  to  the  county  clerk  of  each  county  in 
v/hich  any  part  of  the  county  clerk  of  each  county  in 
which  any  part  of  said  district  is  located  in  order  thiit 
such  tax  may  be  levied  and  collected  in  the  county  in 
v/hich  any  part  of  said  district  is  located. 

The  tax,  when  so  certified  by  the  directors  of  said 
<iistrict  to  the  county  clerk,  shall  be  levied  and  collected 
iii  the  same  manner  as  is  now  prescribed  by  law,  and 
such  tax,  when  collected  shall  be  placed  to  the  credit  of 
said  district.  Provided,  that  all  polls  and  penalties 
.assessed  and  collected  within  said  district  shall  be  cred- 
ited to  said  district  by  the  county  court  of  the  county  in 
which  said  polls  and  penalties  are  collected.  Provided 
further,  that  all  moneys  of  whatsoever  character,  placed 
tc  the  credit  of  said  district  in  each  county  wherein  any 
■of  the  territory  of  said  district  is  situated,  shall  be  paid 
out  by  the  treasurer  of  the  county  where  same  is  held  in 
the  same  manner  as  is  now  prescribed  for  paying  out 
school  moneys,  upon  the  warrants  of  the  directors  of  said 
district,  when  such  warrants  are  properly  drawn. 

60 


DIGEST  OF  SCHOOL  LiAWlS 

All  laws  applicable  to  districts  of  like,  kind  or  class^ 
shall  be  made  applicable  to  all  districts  formed  under  thch 
provisions  of  this  Act. — lb. 

Sec.  7547-2^. — Titles  vested  in  new  district.  5.  The 
title  to  all  real  estate  and  other  property  belonging  to  the 
several  districts  and  all  school  property  v^ithin  the  parts- 
of  districts  entering  into  said  new  district  shall  vest 
absolutely  in  said  new  district.  Provided,  that  all  terms- 
of  school  in  session  at  the  time  said  district  is  formed 
and  all  contracts  with  teachers  in  the  several  districts- 
forming  said  new  district  may  not  be  interrupted  or 
annulled,  but  such  terms  shall  continue  to  the  end  and 
such  contracts  be  fulfilled. 

Repealing  Clause  :  All  laws  and  parts  of  laws  in 
conflict  herewith  are.  hereby  repealed  and  this  Act,  being- 
for  the  immediate  protection  of  the  public  peace,  health, 
and  safety,  shall  take  effect  and  be  in  force  from  and- 
after  its  passage. 

DISSOLUTION  OF 

Sec.  7548.  County  court  may  dissolve. — The  county 
courts  of  this  state  shall  have  power  to  dissolve  any 
school  district  now  established,  or  which  may  hereafter 
be  established  in  its  county,  and  attach  the  territory 
thereof  in  whole  or  in  part  to  an  adjoining  district  or 
districts,  whenever  a  majority  of  the  electors  residing  in 
such  district  shall  petition  the  court  so  to  do. 

Sec.  7549.  Notice  of  dissolution  shall  he  posted. — 
When  such  dissolution  is  proposed,  notice  shall  be  given 
by  those  proposing  the  same  by  posters  in  four  public 
places  in  the  district.    Said  notices  to  be  posted  thirty 

61 


DIGEST  OF  ©OHOOLi  UAIWS 

days  before  the  meeting  of  the  term  of  the  court  at  which 
^uch  peition  is  proposed  to  be  presented. 

Sec.  7550.  Court  shall  proportion  funds  or  indebt- 
edness.—WheneYeYy  under  this  act,  any  district  shall  be 
.abolished,  any  indebtedness  due  by  it,  or  funds  on  hand 
to  its  credit  shall  be  proportioned  by  the  court  among 
the  districts  to  which  its  territory  has  been  attached, 
according  to  the  value  of  the  territory  each  received,  of 
which  action  of  dissolution  and  distribution  of  indebted- 
ness or  funds,  as  the  case  may  be,  the  clerk  of  the  court 
shall  give  due  notice  to  directors  of  each  district  affected, 
.showing  the  territory  attached  to  their  district,  and 
credited  to  it,  as  the  case  may  be. 

Sec.  7551.  Directors  shall  transmit  records. — The 
directors  of  the  district  dissolved,  upon  receipt  of  notice 
-cf  clerk,  shall  transmit,  without  delay,  all  of  the  records 
of  said  district  to  the  county  examiner  of  the  county  for 
preservation  in  his  office. 

'apportionment  of  school  fund. 

Sec.  7552.  County  court  shall  apportion. — The 
-county  court,  immediately  on  receiving  notice  of  the  dis- 
tributive share  of  school  revenue  apportioned  by  the 
state  superintendent  to  each  county,  shall  proceed  to  ap- 
portion to  the  several  school  districts  of  the  county,  in 
proportion  to  the  number  of  persons  between  the  ages  of 
six  and  twenty-one  years  residing  within  the  school  dis- 
tricts, respectively,  on  the  first  Monday  of  July  previous, 
the  said  school  revenue  apportioned  to  the  county  and 
shall  forward  to  the  county  treasurer,  and  to  each  of  the 
directors  of  each  district,  a  statement  of  such  apportion- 
ment carefully  distinguishing  the  sources  from  which  the 
school   revenues   so   apportioned   are  derived,   and   the 

62 


DIGEST  OF  SCHOOiL  (LAIWIS 

amount  due  each  school  district  in  the  county  from  each 
separate  source,  and  shall  see  that  the  revenues  from  the 
public  school  fund  are  invariably  paid  to  the  county  and 
to  the  school  districts  strictly  in  accordance  with  the  ap- 
portionment made  to  them. 

An  apportionment  may  be  compelled  by  mandamus,  and  the 
parents  of  children  of  scholastic  age  are  prop-er  parties  to  petition 
therefor.     Mattox  v.  Neal,  45  Ark.,  121. 

In  the  case  of  J.  C.  Merritt  et  al.  vs.  J.  H.  Merritt,  County 
Judge,  appealed  from  Arkansas  county,  the  supreme  court,  in  Mav, 
18^1,  held: 

"It  was  the  duty  of  appellant,  as  county  judge,  on  receiving 
notice  of  the  amount  apportioned  to  the  county,  to  proceed  to  ap- 
propriate the  same  to  the  several  districts  upon  whose  enumeration 
the  superintendent  made  the  apportionment.  The  duty  was  abso- 
lute, and  in  its  performance  the  country  judge  had  no  discretion. 
Th-ere  ig|  no  reason  why  a  district  should  be  kept  out  of  its  funds, 
for  any  length  of  time,  on  account  of  county  lines,  and  it  is  the 
duty  of  the  county  judge  to  prevent  it.  If  he  fails  to  do  his  amy 
its  performance  should  be  coerced." 

This  case  clearly  establishes  the  following  principles: 

1.  The  county  judge  must  apportion  common  school  funds 
upon  the  enumeration  of  the  apportionment  as  made  l>y  the  super- 
intendent and  upon  no  other.  iHe  has  no  right  to  change  the  enu- 
meration and  apportionment.  He  simply  appropriates  to  each  dis- 
trict the  amount  apportioned  by  the  state  superintendent. 

2.  This  must  be  done  without  delay  and  despite  changes  in 
county  lines. 

3.  Duties  are  absolute  and  contain  no  element  of  discretion- 
This  principle  apples  to  every  school  officer  and  teacher. 

The  amount  of  the  per  capita  tax  collected  in  the  county  should 
be  apportioned  to  the  districts  in  proportion  to  their  educable 
children. 

Sec.  7553.  Apportionment  to  new  districts. — When- 
ever a  new  district  shall  have  been  formed  and  organ- 
ized, the  court  shall,  at  the  next  apportionment  made 
thereafter,  apportion  to  the  new  district,  school  revenues 
in  proportion  to  the  number  of  persons  between  the  ages 


63 


DIGEST  OF  SOHOQL  LlA^WiS 

of  six  and  twenty-one  years  reported  by  the  directors  of 
the  new  district.  Provided  always,  the  number  of  per- 
sons between  the  ages  of  six  and  twenty-one  years  re- 
ported in  any  year  by  the  district  electors  of  each  county 
shall  be  taken  as  the  quota  of  that  county,  and  the  num- 
ber reported  from  each  school  district  shall  be  taken  as 
the  quota  of  that  district,  and  that  the  only  basis  oa 
which  an  opportionment  of  the  school  revenue  shall  be 
made  is  to  be  the  number  of  persons  so  reported  each 
year  by  the  district  directors.  Act  December  7,  1875, 
Sees.  40,  41. 

A  special  school  district  in  which  a  common  school  district  has- 
been  mer^d,  is  hound  by  all  existing  legal  contracts  made  'by  the- 
common  school  district. 

Sec.  7554.  County  examiners  shall  report  to  clerk.. 
— The  county  examiners  of  the  several  counties  shall,, 
annually,  on  or  before  the  tenth  day  of  August  transmit, 
verified  by  affidavit,  to  the  county  clerks  of  their  re- 
spective counties,  a  written  report,  showing  the  number 
of  persons  between  the  ages  of  six  and  twenty-one  years 
residing  in  each  school  district  in  their  respective  coun-^ 
ties,  as  shown  by  the  reports  of  the  district  directors 
made  for  the  same  year  to  the  county  examiners,  as  is 
now  required  by  law.    Act  April  23,  1901,  Sec.  3. 

Sec.  7555.  County  clerk  shall  report  to  court. — The 
county  clerks  shall,  during  the  first  terms  of  their  re- 
spective county  courts  held  after  the  reception  of  the 
reports  provided  for  in  the  preceding  section,  lay  such 
reports  before  such  county  courts,  to  be  used  as  a  guide 
ir  making  the  apportionment  of  the  general  school  fund 
to  the  various  school  districts.    Act  March  23,  1881. 

Sec.  7556.    Counties  shall  he  reimbursed  for  loss. — 

64 


DIGEST  OF  SOEDOOLi  LAfWS 

Any  county  which,  by  a  change  in  county  lines,  or  by  th^ 
formation  of  a  new  county  or  counties,  shall  fail  to  re- 
ceive the  school  funds  which  justly  should  be  appor- 
tioned to  it,  from  the  fact  of  its  school  population  bein^ 
reckoned  with  that  of  the  county  or  counties  to  which 
the  said  funds  may  be  apportioned,  shall  be  reimbursed 
for  the  loss  thus  incurred.  Said  loss  shall  be  corrected 
in  the  first  apportionment  of  the  school  revenue  there- 
after. Provided,  if  such  correction  be  not  made  in  the 
first  apportionment  thereafter,  it  may  be  made  in  the 
second. 

Sec.  7557.  Loss  home  by  original  counties. — The 
amounts  refunded  according  to  the  provisions  of  Section 
7556  shall  be  deducted  from  the  funds  apportioned  to  the 
counties  which  were  the  original  recipients  of  the  erro- 
neously apportioned  revenues. 

Mandamus  wiU  lie  to  compel  apportionment  as  herein  provided. 
Merritt  v.  School  District,  54  Ark.,  468. 

Sec.  7558.  Auditor  shall  draw  warrant  for  fund. — 
Upon  the  presentation  of  the  certificate  of  the  superin- 
tendent of  public  instruction  of  the  amount  or  amounts 
due  any  county,  by  the  provisions  of  this  act  to  the 
auditor,  he  shall  draw  his  warrant  on  the  state  treasurer 
for  said  amount  or  amounts  in  favor  of  the  treasurer  of 
said  county  for  the  benefit  of  the  school  fund  and  in  com- 
pliance with  Section  7553.    Act  March  6,  1877. 

COUNTY   EXAMINERS  AND  COUNTY   SUPERINTENDENTS. 

Sec.  7559.  County  court  shall  appoint  examiner, — 
The  county  court  of  each  county  shall,  at  the  first  term 
tliereof  after  each  general  election,  appoint  in  each 
county,  not  divided  into  two  judicial  districts,  one  county 
examiner,  and  in  each  county  divided  into  two  judicial 

65 


DIGEST  OF  SCHOOL.  LAjWIS 

districts,  may  appoint  one  county  examiner  for  each  dis- 
trict, such  examiner  to  be  of  high  moral  character  and 
.scholastic  attainments.  As  amended  by  Act  March  7. 
1893. 

A  license  from  either  district  of  a  county,  iwhere  th«re  are  two 
•<iistricts,  is  valid  throughout  the  county. 

OSTote: — ^^This  section  was  amended  in  so  far  as  it  applied  to 
Xogan,  Franklin,  Yell  and  Clay  counties  by  Act  of  May  4,  1911. 

The  appointment  of  a  county  •examiner  becomes  complete  upon 
the  issuance  to  him  by  the  superintendent  of  public  instruction  of 
the  license  required.— In  re  Smith,  84  Ark.,  &35.;    106   S.  W.,  679. 

Section  7559-a.  1.  That  at  the  general  election 
for  state  and  county  officials,  and  every  two  years  there- 
after, there  shall  be  elected  in  the  same  manner,  and 
under  the  same  restrictions  as  are  provided  by  law  for 
the  election  of  other  county  officials,  a  county  superin- 
tendent of  schools  for  each  county  in  the  State  of  Ar- 
kansas, who  shall  qualify  as  other  county  officials,  and 
who  shall  hold  his  office  for  a  term  of  two  years,  or  until 
his  successor  shall  have  been  elected  and  qualified. 

Question  must  he  submitted  to  electors. — Provided, 
that  before  any  county  shall  be  authorized  to  elect  a 
county  superintendent,  the  question  of  ''For  County  Su- 
pervision" and  "Against  County  Supervision,"  shall  be 
submitted  to  the  qualified  electors  at  the  annual  school 
meeting  held  on  the  third  Saturday  in  May  in  the  years 
preceding  those  in  which  the  general  state  and  county 
elections  are  held,  and  if  a  majority  of  the  electors  voting 
on  the  question  in  said  election  vote  for  County  Super- 
vision, then  said  county  shall  elect  a  county  superintend- 
ent as  provided  by  this  act.  {Acts  1907,  Act  399,  At- 
proved  May  27,  1907.) 

Counties  having  two  judicial  districts  would  not  vot«   sepaf- 

66 


DIGEST  OF  SCJHOOL  L.AWIS 

;aiely  upon  the  question  of  county  superintendency,  a  majority  of 
the  vote  of  the  whole  county  would  govern.  Where  a  district  occu- 
pies territory  in  more  than  one  county,  the  votes  of  the  election 
shall  be  forwarded  to  their  respective  county  seats.  There  can  be 
•no  joint  superintendency  as  a  superintendent  shall  have  jurisdic- 
tion only  over  one  county. 

Sec.  7559-6. — Office  of  County  Examiner  abolished. 
2.  The  present  county  examiner  in  each  county  shall 
continue  to  perform  the  duties  of  his  office,  and  to  re- 
ceive compensation  therefor,  until  the  county  superin- 
tendent shall  be  duly  elected  and  qualified,  in  keeping 
with  Section  1  of  this  Act,  upon  which  the  office  of 
'County  Examiner  shall  be  and  the  same  is  hereby 
abolished. 

Sec.  7559-c. — Eligibility  for  County  Superintend- 
ent. 3.  Before  any  person  shall  be  eligible  to  the  office 
of  county  superintendent,  he  shall  have  attained  the  age 
<of  twenty-five  years,  shall  have  taught  at  least  twenty- 
four  months  in  the  county  within  five  years  preceding 
his  candidacy,  and  shall  at  the  time  of  his  candidacy  hold 
a-  first  grade  teacher's  license,  to  be  approved  by  the. 
state  superintendent,  professional  teacher's  license,  or 
jstate  teacher's  license,  and  he  shall  be  eligible  to  re- 
election without  further  examination. — lb. 

Duties, 

Sec.  7559-c?. — He  shall  hold  examinations  and  gravt 
licenses.  4.  The  county  superintendent  shall  hold  quar- 
terly examinations,  using  questions  furnished  by  the 
state  superintendent  of  public  instruction,  and  shall 
grant  to  persons  of  approved  moral  character,  a  license 
±0  teach  in  the  public  schools  of  the  county  in  which  the 
examination  is  held  under  the  following  regulations: 

Applicants  receiving  third  grade  license,  which  shall 

67 


DIGEST  OF  SCHOOIL  LAjWIS 

be  valid  for  six  months,  must  pass  an  approved  examina- 
tion in  spelling,  reading,  penmanship,  English  grammar, . 
arithmetic,  geography,  and  United  States  history.  . 

Also,   elementary   agriculture   and   horticulture.     Act   May   31, 
1909. 

Receiving  a  second  grade  license  valid  for  one  year,, 
an  approved  examination  in  the  subjects  required  for  a 
third  grade  license,  and  also  in  the  history  of  Arkansas, 
physiology,  and  theory  and  art  of  teaching. 

Receiving  a  first  grade  license  valid  for  two  years,, 
an  approved  examination  in  the  subjects  required  for  a 
second  grade  license,  and  also  in  civil  government,  and. 
elementary  algebra. 

He  shall  be  empowered  at  the  request  of  the  school: 
beard  desiring  the  services  of  such  teacher,  and   upon, 
satisfactory  evidence  of  qualification,  to  grant  special 
license  to  teach  subjects  not  enumerated  above,  valid  for- 
two  years  and  good  only  with  reference  to  the  teaching 
of  subjects  mentioned    therein.     No    persons    shall    be 
granted  an  examination  until  he  or  she  shall  present  a. 
receipt  from  the  county  treasurer  for  two  dollars  paid 
by  him  to  the    said   treasurer,    which    amount  shall  b.e 
placed  to  the  credit  of  the  fund  for  the  payment  of  the 
salary  of  the  county  superintendent. 

Each  teacher  shall  be  authorized  to  teach  only  those 
branches  upon  which  he  has  passed  an  approved  exami- 
nation and  Which  he  has  been  licensed  to  teach. — Ih. 

Sec.  7559-e. — He  shall  keep  account  with  districts. 
5.  He  shall  keep  an  accurate  account  with  each  school 
district  in  the  county,  which  shall  include  the  name  of 

68 


DIGEST  OF  SOHOOL  LAWS 

•Kiirectors,  amount  debited  and  credited  to  each  district, 

-  source  of  receipt  and  manner  of  disbursement.  He  shall 
keep  a  record  of  all  contracts  made  with  the  teachers  and 
all  contracts  made  with  the  dealers  for  school  supplies, 
and  no  charts,  maps,  globes  or  other  school  supplies, 

.shall  be  purchased  by  the  directors  unless  the  same  shall 
meet  with  his  approval.    He  shall  be  required  to  furnish 

,  plans  and  specifications  for  the  erection  of  new  school 
houses,  subject  to  the  approval  of  directors.  He  shall 
file  in  his  office  a  record  of  the  amount  voted  for  various 
purposes  at  the  annual  May  meeting  of  the  electors  of 
the  several  districts  of  his  county,  and  he  shall  not  ap- 
prove any  warrant  drawn  for  any  purpose  other  than 
those  ordered  at  the  May    meeting.     Within    ten  days 

.after  the  annual  school  meeting  the  directors  of  the  vari- 
ous districts  shall  report  to  the  county  superintendent, 
upon  a  blank  provided  for  that  purpose,  the  amounts 

^ordered  expended  by  the  directors  of  their  districts  for 
the  ensuing  twelve  months,  also  the  number  of  mil's 
-voted  for  school  purposes. — Ih. 

Sec.  7559-/. — Teachers  required  to  file  reports.  6. 
He  shall  receive  from  each  teacher  monthly  reports  as  to 
their  work,  including  the  number  of  pupils  enrolled,  the 
average  number  of  daily  attendance,  the  number  in  each 
of  the  branches  taught,  the  number  of  visits  of  directors 
and  patrons,  and  such  other  items  as  the  state  superin- 
tendent may  direct.  He  shall  require  the  teachers  to  file 
01  cause  to  be  filed  in  his  office  a  similar  report  for  the 
entire  term  of  their  schools,  together  with  a  copy  of  his 
■*daily  register ;  Provided,  That  in  any  school  having  more 
than  one  teacher,  the  principal  teacher  thereof  may  file 
•fone  report  for  the  entire  school. — Ih, 

Sec.  7559-5r. — He  may  refuse  to  grant  license.     7. 

69 


DIGEST  OF  SOHOOL;  JjAMS 

He  shall  not  license  any  person  to  teach  who  is  given  to> 
profanity,  drunkenness,  gambling,  licentiousness,  or 
other  demoralizing  vice,  and  who  does  not  believe  in  the 
existtnce  of  a  Supreme  Being.  He  may  cite  to  re-exami- 
nation any  person  holding  a  license  in  his  county,  and  on 
being  satisfied  by  re-examination,  or  by  other  means,, 
that  such  person  does  not  sustain  a  good  moral  charac- 
ter, or  that  he  has  not  sufficient  learning  or  ability  to 
render  him  a  competent  teacher,  he  may,  for  these  and* 
other  adequate  causes,  revoke  the  license  of  such  persons. 
In  case  of  such  revocation,  he  shall  immediately  give 
notice  thereof  to  such  teacher  and  the  director,  and: 
thereby  terminate  the  contract  between  said  parties,  but 
the  wages  of  such  teacher  shall  be  paid  for  the  time  he- 
shall  have  actually  taught  prior  to  the  day  on  which  he 
received  notice  of  the  revocation  of  his  license. — lb. 

Sec.  7559-/1. — He  shall  prepare  course  of  study  and 
help  secure  books.  8.  He  shall  co-operate  with  teachers^ 
and  directors  to  secure  in  those  counties,  which  have- 
adopted  county  uniformity  the  use  of  the  books  which^ 
have  been  adopted.  In  those  counties  which  have  not 
adopted  uniformity,  he  shall  co-operate  with  teachers 
and  directors  to  have  district  adoptions  as  now  required' 
by  law,  and  where  adoption  in  districts  may  not  be  made,, 
he  shall  strive  to  secure  the  use  of  those  text-books  in 
most  general  use.  He  shall  prepare  a  course  of  study  f  or 
the  use  of  schools  of  his  county,  following  the  plans  sug- 
gested by  the  state  superintendent,  and  shall  aid  the 
teachers  in  putting  the  same  into  successful  operation  in» 
his  county. — lb. 

;  Sec.  7559-^ — He  shall  open  and  beep  office.  0. 
He  shall  have  and  maintain  a  suitably  equipped  office  at 
the  county  seat  at  the  expense,  of  the  county,  and  shalB 

70 


DIGEST  OF  SCeoaU  liAfWlS 

keep  therein  a  supply  of  blanks  as  may  be  furnished  by 
the  state  superintendent  of  public  instruction  to  the 
directors,  and  shall  see  that  the  various  districts  of  his 
county  are  supplied  with  the  same.  He  shall  also  keep 
in  his  office  a  record  and  description  of  each  district  in. 
his  county,  making  such  changes  and  alterations  in  the 
boundaries  of  the  same  from  time,  to  time  as  the  action 
of  the  county  court  in  forming  new  districts  may  require, 
and  shall  keep  an  up-to-date  map  of  the  districts  of  his 
county.  He  shall  also  keep  a  record  of  all  official  acts 
and  deliver  the  same  to  his  successor  in  office.  He  shall 
remain  in  his  office  during  business  hours  on  the  second 
and  fourth  Saturdays  in  each  month  to  attend  to  his 
official  duties. — lb. 

Sec.  7559-y. — He  shall  devote  entire  time  to  office, 
10.  He  shall  devote  his  entire  time  in  the  performance 
of  his  official  duties,  and  shall  visit  each  school  in  his 
county  at  least  once  during  each  year,  and  as  often  there- 
after as  practicable,  remaining  therein  not  less  than  three 
hours  on  his  first  visit.  He  shall  keep  a  record  of  each 
visit,  giving  therein  the  condition  of  the  school  and  all 
official  acts  and  recommendations  made  by  him  at  the 
time  of  such  visit.  He  shall  labor  to  create  among  the 
people  an  interest  in  public  schools,  and  shall  give  such 
directions  and  shall  make  such  recommendations  and 
suggestions  to  teachers  and  to  school  boards,  as  he  may 
deem  needful  to  secure  the  best  results  in  the  instruction 
of  pupils,  and  he  shall  from  time  to  time  examine  classes 
and  note  the  character  of  work  that  is  being  done.  He 
shall  also,  in  addition  to  the  annual  county  institute  now 
required  by  law  to  be  held,  divide  his  county  into  as 
many  districts  as  may  be  practicable,  and  hold  in  each 
district  at  some  place  suitable  to  the  convenience  of  the 
teachers,  during  school  terms,  institutes  for  the  purpose 

71 


DIGEST  OF  SCJHOOL  LAjWS 

of  instructing  the  teachers  in  methods  of  teaching,  and 
for  the  discussion  of  all  matters  pertaining  to  the  inter- 
est of  schools.  A  district  institute  shall  be  only  one  day 
ii'  length,  and  all  teachers  of  the  district,  unless  excused 
for  sickness  or  other  adequate  cause,  shall  attend  the 
same,  and  for  failure  to  do  so  their  licenses  may  be  re- 
voked. His  supervision  as  indicated  in  this  act  shall  not 
extend  to  cities  or  towns  that  have  provided  for  the 
supervisions  of  their  schools. — lb. 

Sec.  7559-A:. — Annual  report — Contains  what.  11. 
He  shall  annually  on  or  before  the  10th  of  August,  pre- 
pare in  tabular  form  an  abstract  of  the  reports  made  to 
him  by  the.  directors  of  the  school  districts  embraced  in 
his  county,  showing  the  number  of  organized  districts  in 
his  county  at  the  commencement  of  the  year ;  on  the  f ir^t 
day  of  July  preceding,  those  districts  that  have  made 
tneir  annual  reports,  the  number  of  persons  in  each  dis- 
trict between  the  ages  of  six  and  twenty-one  years,  dis- 
tinguishing the  sex,  and  also  the  color  of  "said  person; 
the  number  of  said  persons  that  attended  school  during 
the  year,  and  the  number  enrolled  in  private  schools ;  the 
average  number  of  males  and  females  of  each  color  in 
daily  attendanc,  and  the  number  that  pursued  each  of 
the  studies  designated  to  be  taught  in  the  common 
schools,  the  number  of  teachers  of  each  sex  employed  in 
his  county,  the  average  wages  paid  per  month  to  the 
teachers  of  each  sex  according  to  the  grade  of  certifi- 
cate; the  whole  amount  paid  as  teachers'  wages  in  each 
county;  the  number  of  pupils  that  studied  in  his  county, 
and  the  several  branches  taught;  the  number  of  school 
houses  erected  during  the  year  in  his  county,  material 
used  in  their  construction,  their  condition  and  value ;  the 
grounds  of  how  many  inclosed,  the  amount  of  money 
paid  by  tax  in  each  district,  for  what  purpose  raised ;  the 

72 


DIGEST  OF  SOHOOL  LA.WS 

amounts  that  have  been  expended  and  for  what  purpose ; 
the  amount  of  revenue  received  by  his  county  from  the 
common  school  fund,  and  received  for  the  support  of 
schools  from  each  of  all  other  sources ;  for  what  purpose 
and  in  what  sums  the  said  revenues  were  expended,  and 
\/hat  amounts  unexpended  were  at  the  close  of  the  school 
year  in  the  county  treasury  and  shall  report  also  the 
number  of  deaf  mutes  and  blind  in  each  school  district  in 
his  county,  between  the  ages  of  six  and  twenty-six  years, 
their  names  and  postoffices. — lb. 

Sec.  7559-1— Examination  held. — Hotu.  12.  The 
county  superintendent  shall  hold  the  quarterly  examina- 
tion on  the  third  Thursday  and  Friday  following  of 
March,  June,  September  and  December  at  the  hours  de.-?- 
ignated  by  the  state  superintendent  of  public  instruction 
at  the  county  seat  of  each  county,  in  a  suitable  room  to 
bp  provided  by  the  county  court,  and  using  the  questions 
prepared  by  the  department  of  public  instruction.  The 
questions  shall  be  mailed  by  the  state  superintendent  of 
public  instruction  under  seal,  and  shall  not  be  opened 
until  the  day  of  the  examination,  and  then  in  the  pres- 
ence of  the  applicants  for  license.  He  shall  conduct  ail 
examinations  in  writing,  but  shall  grant  no  certificates 
of  qualification  except  in  accordance  with  the  provision 
of  the  law  respecting  teachers'  certificates.  He  shall 
grant  private  examinations  only  when  public  necessity 
demands  it,  and  then  only  on  the  written  request  of  the 
directors  of  the  district  in  which  the  teachers  propose  to 
teach.  The  examination  papers  of  all  persons  licensed 
shall  be  graded  and  filed  for  two  years  in  the  county 
superintendent's  office,  subject  to  the  inspection  of  the 
state'  superintendent  of  public  instruction,  or  any  school 
director  of  the  country.  The  questions  furnished  by  the 
state  superintendent  shall  be  used  only  at  the  time  des- 

73 


DIGEST  OF  SCHOOL  LAWS 

ignated  for  public  examinations.  The  standing  of  eacb 
applicant  in  each  study  must  be  endorsed  on  the  certifi- 
cate issued  only  upon  •  examination ;  otherwise  the  cer- 
tificate shall  not  be  valid. — lb. 

Sec.  7559-m.  13.  That  section  13  of  Act  399  of  the 
Acts  of  the  General  Assembly  of  1907,  be  and  the  same 
ih  hereby  amended  so  as  to  read  as  follows:  "The 
county  superintendent  shall  conduct  a  five  days'  insti- 
tute during  the  month  of  June  under  the  same  directions 
and  requirements  as  is  now  required  of  county  exam- 
iners."    (Acts  1911,  Act  275,  Approved  Mmj  19,  1911.) 

Sec.  7559-?^.  14.  That  section  14  of  said  act  be  and 
the  same  is  hereby,  amended,  so  as  to  read  as  follows: 
Section  12.  "The  compensation  of  the  county  superia- 
tendent  shall  be  paid  out  of  the  general  school  fund  of" 
their  respective  counties  and  shall  be  drawn  by  a  war- 
rant signed  by  the  county  clerk  and  allowed  by  the 
county  court  or  judge  of  his  county.  Said  compensation 
shall  be  as  follows:  Each  superintendent  shall  receive 
the  same  salary  as  the  county  judge  of  his  county,  but  no 
superintendent's  salary  shall  exceed  twelve  hundred" 
($1,200.00)  dollars  a  year,  nor  in  any  case  be  less  than 
six  hundred  ($600.00)  dollars  a  year;  provided,  that 
county  superintendents  shall  receive  the  fees  paid  in 
each  county  for  examination  for  license  to  teachers,  in 
addition  to  the  salary  specified  herein;  and,  provided' 
further,  that  the  salary  for  the  last  quarter  of  each  year 
of  his  service  shall  not  be  paid  until  the  county  treasurer 
shall  see  in  person  that  the  proper  records  for  the  year- 
have  been  filed  among  the  permanent  records  of  the 
county  superintendent's  office." — lb. 

Sec.  7559-0. — County  court  shall  set  aside  fund  for 

74 


DIGEST  OF  S-OeOOlJ  UAWS 

salary.  15.  For  the  purpose  of  paying  the  salary  of  the 
county  superintendent,  as  set  forth  in  Section  14  of  this 
Act,  the  county  court  sliall  at  the  first  term  after  the 
collector  and  the  state  shall  have  paid  to  the  counuy 
treasurer  all  funds  due  the  common  schools,  before  said 
sums  are  pro  rated  or  credited  each  district  of  the  county, 
set  aside  the  salary  herein  mentioned,  said  salaries  shall 
be  placed  in  the  county  treasury,  to  the  credit  of  the 
county  superintendent,  and  shall  be  known  as  the 
Tounty  Superintendent's  Fund."  Said  salary  shall  be 
paid  to  the  county  superintendent  quarterly  and  shall  be 
drawn  by  warrant,  as  provided  in  Section  14  of  this  Act. 
(Act  399,  Approved  May  27,  1907.) 

Sec.  7559-p.  16.  That  section  16  of  said  act  be 
and  the  same  is  hereby  amended,  so  as  to  read  as  fol- 
lows: "The  fees  paid  for  examination  for  license  ta 
teachers  as  provided  in  section  7567  of  Kirby's  Digest, 
shall  be  set  aside  and  paid  to  the  county  superintendent 
of  each  county,  as  now  paid  to  the  county  examiner,  in 
addition  to  the  salary  specified  in  above  section."  {Acts^ 
1911,  Acts  275,  Approved  May  19,  1911.) 

Repealing  Clause:  That  all  laws  and  parts  of 
laws  in  conflict  herewith  be  and  the  same  are  hereby 
repealed,  and  this  Act,  being  for  the  immediate  protec- 
tion of  the  health,  peace  and  safety  of  the  people,  the 
same  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Sec.  7559-(/. — He  shall  take  oath.  17.  Before  en- 
tering upon  the.  duties  of  said  office,  the  county  super- 
intendent shall  take  and  subscribe  the  oath  prescribed 
for  other  county  officers  by    the    Constitution    of    this 

75 


DIGEST  OF  SOHIOOL  liAiWS 

State,  and  file  such  oath  in  the  office  of  the  county  clerk. 
{Acts  1907,  Act  399,  Approved  May  27,  1907.) 

Sec.  lbb^-T,^Laws  in  refereyice  to  county  examiner 
shall  a^ojoly,  18.  That  all  laws  and  parts  of  laws  ap- 
plicable to  the  office  of  county  examiner,  not  in  conflict 
herewith,  shall  be  applicable  to  the  office  of  county 
^superintendent ;  and  that  all  laws  and  parts  of  laws  in 
conflict  herewith  be  and  the.  same  are  hereby  repealed, 
and  that  this  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Sec.  7559-s. — What  city  schools  exempt  from  Se-\ 
7559-a  to  7559-s,  providing  for  a  county  ^^upenntendent. 
19.  Any  city  in  this  state,,  including  the  territory  an- 
nexed thereto  for  school  purposes,  in  which  the  number 
of  persons  between  the  ages  of  six  and  twenty-one 
years,  exceeds  five  thousand,  as  shown  by  the  report  of 
the  school  directors  as  provided  for  in  Section  7633  of 
Kirby's  Digest,  and  which  is  situated  in  any  county  in 
v/hich  the  Act  of  May  27th,  1907,  creating  the  office  of 
county  superintendent  of  schools  has  been  adopted,  shall 
be  and  the  same  is  hereby  exempted  from  the  provi- 
sions of  the  said  act.  {Acts  1911,  Act  444.  Approved- 
June  2,  1911.) 

Sec.  7559-L — School  hoard  of  such  schools  to  have 
control,  20.  The  school  board  of  any  such  city,  in  ad- 
dition to  the  powers  now  vested  in  it  by  law,  shall  de- 
termine the  course  of  study  for  schools  under  its  charge 
and  shall  fix  the  qualifications  of  teachers  in  the,  schools 
of  such  city.  {Acts  1911,  Act  444.  Approved  June  2, 
1911.) 

Sec.  7559-w. — Supeinntendent  of  city  schools  to  li- 

76 


DIGBST  OF  SCHOOL  LAWS 

cense  teachers  to  teach  therein,  but  not  elsewhere,  21^ 
Ihe  superintendent  of  the  city  schools  in  any  such  city, 
duly  elected  as  such  by  the  school  board,  shall  have  the 
authority  and  perform  the  duty  of  a  county  examiner 
as  provided  by  law;  provided,  a  license  to  teach  issued 
by  any  city  superintendent  shall  be  valid  only  for  the 
schools  of  the  city  in  which  issued  for  a  term  of  two 
years,  subject  to  renewal  upon  such  conditions  as  may 
be  fixed  by  the  school  board.  (Acts  1911,  Act.  444.  Ap- 
proved June  2,  1911.) 

Repealing  Clause:  All  laws  and  parts  of  laws  in 
conflict  herewith,  be,  and  the  same  are  hereby,  repealed, 
^^t^ld  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage.     (Ibid) 

Sec.  7560.  Prior  appointments  made  valid. — Any 
appointments  heretofore  made  by  the  county  courts  for 
the  districts  of  such  counties  as  are.  mentioned  in  the 
preceding  section  in  which  an  examiner  has  been  ap- 
pointed for  each  district  are  hereby  declared  to  be  legal 
and  valid  appointments.     (Act  March  20,  1883,  Sec,  2.) 

The  examiner  must  have  the  qualifications  of  an  elector.  He 
is  an  officer  of  the  state— being  a  part  of  the  executive  department 
of  the  stat«.    A  woman  may  not  be  appointed  to  this  position. 

The  law  authorizes,  but  does  not  require  the  appointment  of 
two  examiners  in  counties  having  two  judicial  districts. 

Sec.  7561.  Examiner  shall  take  oath. — Before  en- 
tering upon  the  duties  of  that  office,  the  county  exam- 
iner shall  take  and  subscribe  the  oath  prescribed  for  of- 
ficers by  the  constitution  of  this  state,  and  file  such 
oath  in  the  office  of  the  county  clerk.  (Act  March  7,. 
1875,  Sec,  43.) 


77 


DiaBST  OF  SCHOOL  liAW® 

Sec.  7562.  He  shall  stand  examination. — All  county 
examiners  shall  be  required,  before  entering  upon  the 
duties  of  their  offices,  to  stand  the  same  examination  as 
is  required  of  the  teachers  who  receive  first  grade  ii- 
censes. 

Before  a  county  examiner  enters  upon  his  duties,  be  must  se- 
cure a  license  from  the  superintendent  of  public  instruction. — In  re 
Smith,  84  Ark.,  535;  106  S.  W.,  679. 

Sec.  7563.  .He  is  not  eligible  for  director. — No  one 
shall  fill  the  offices  of  county  examiner  and  school  direct- 
or at  the  same  time. 

Sec.  7564.  County  clerk  shall  notify  Superintend- 
ent of\  appointment. — ^The  clerk  of  the  county  court  in 
each  county  shall  notify  the  superintendent  of  public 
instruction  of  the  appointment  of  the  county  examiner 
in  his  county  immediately  upon  his  appointment,  to- 
gether with  his  name  and  address. 

Sec.  7565.  State  Superintendent  shall  examine. — 
The  superintendent  of  public  instruction  shall  either  at- 
tend in  person  or  appoint  some  one  duly  qualified  to  ex- 
amine such  person  appointed  as  county  examiner,  as  to 
his  qualifications,  using  the  same  questions  as  are  then 
being  used  in  the  examination  of  teachers  applying  for 
first  grade  license. 

Sec.  7566.  Compensation. — All  county  examiners 
shall  be  paid  such  salary  each  year  as  may  be  fixed  by 
the  county  judge  of  the  county  for  which  he  was  ap- 
pointed, out  of  the  school  fund  of  such  county;  provided, 
such  salary  shall  not  be  greater  than  the  amount  receiv- 
ed by  the  county  treasurer  from  the  tax  imposed  in  the 
following  section. 

78 


DIGEST  OF  SCeOOIi  iLAJWS 

The  intention  of  the  statute  was  to  fix  the  salary  of  an  ex- 
aminer at  an  amount  equal  to  the  amount  paid  in  by  the  applicants 
for  examinations,  and  it  was  not  intended  to  reduce  the  salaries 
Already  paid  these  officers. 

The  salary  of  the  county  examiner  cannot  be  paid  in  county 
^crip.  The  law  expressly  says  that  it  shall  be  paid  out  of  the  com- 
mon school  fund  of  the  county. 

Sec.  7567.  Applicant  for  license  must  have  receipt. 
— No  county  examiner  shall  examine  any  one  applyiag 
to  him  for  license  as  a  teacher  until  he  shall  present  a 
receipt  from  the  county  treasurer  for  two  dollars  paid 
by  him  to  such  treasurer  to  go  to  the  credit  of  the  county 
school  fund.     {Act.  March  7.  1893.) 

The  examiner's  fee  must  be  paid  to  the  county  treasurer  and 
not  to  the  examiner.  Any  fee  greater  than  two  dollars  is  illegal. 
This  fee  is  the  same  for  either  public  or  private  examinations  and 
Is  to  be  paid  for  the  examination  and  not  for  the  certificate,  it 
should  be  paid  to  the  county  treasurer  and  a  receipt  taken  before 
the  examination  begins. 

Sec.  7568.  He  shall  examine  and  license  teachers. — 
it  shall  be  the  duty  of  such  examiners  to  examine  and 
license  teachers  of  common  schools.  He  shall  hold  on  the 
third  Thursday  and  Friday  following  of  March,  June, 
September  and  December,  at  the  hours  designated  by  the 
•slate  superintendent  of  public  instruction,  at  the  county 
seat  of  each  county,  in  a  suitable  room  to  be  provided  by 
the  county  court,  and  usihg  the  questions  prepared  by  the 
department  of  public  instruction,  a  public  examination 
for  that  purpose.  The  questions  shall  be  mailed  by  the 
superintendent  of  public  instruction,  under  seal,  and 
shall  not  be  opened  until  day  of  examination,  and  then 
ir  the  presence  of  the  applicants  for  license.  He  shall 
•conduct  all  examinations  in  writing  and  shall  grant  no 
certificate  of  qualification,  except  in  accordance  with  the 
provisions  of  the  law  respecting  teachers'  certificates'. 


79 


DIGBST  OF  SCHOOL  OLA^WS 

He  shall  grant  private  examinations  only  when  public 
necessity  clearly  demands  it,  and  then  only  on  the  writ- 
ten request  of  the  directors  of  the  district  in  which  the 
teachers  propose  to  teach.  The  examination  papers  of 
all  persons  licensed  shall  be  graded  and  filed  in  the  coun- 
ty examiner's  oflftce,  subject  to  the  inspection  of  the 
state  superintendent  of  public  instruction  or  any  school 
director  of  the  county.  The  questions  furnished  by  the 
state  superintendent  shall  be  used  only  at  the  time  desig- 
nated for  public  examinations.  The  standing  of  eacn 
applicant  in  each  study  must  be  indorsed  on  the  certifi- 
cate issued  only  upon  examination,  otherwise  the  certi- 
ficate shall  not  be  valid. 


The  examination  must  be  quarterly  and  public.  The  dates  fixed 
for  thes'e  quarterly  examinations  are  the  third  Thursday  and  Friday 
following  of  March,  June,  September  and  December.  The  written 
questions  are  furnished  by  the  state  superintendent  and  are  uni- 
form throughout  the  state.  The  regulations  as  to  the  grading  of 
the  certificates  are  furnished  to  each  examiner  with  the  questions. 
He  is  positively  forbidden  to  grant  certificates  without  examina- 
tion, or  upon  a  partial  examination.  He  is  not  authorized  to  issue 
a  license  based  upon  a  diploma  or  upon  a  license  issued  in  anotlier 
county  or  state. 

Examination  papers  are  a  part  of  the  public  documents  of  the 
county  examiner's  office-  They  are  in  no  sense  the  property  of  th« 
teacher  by  whom  they  are  prepared.  Oke  all  other  public  docu- 
m'ents,  they  are  open  to  inspection  by  any  one  desiring  to  examine 
vhem,  but  they  must  not  be  removed  from,  the  county  examiner's 
office. 

The  examiner  is  not  required  to.  grant  a  private  examination 
or  one  held  at  any  other  than  the  regular  quarterly  dates.  Pri- 
vate examinations  should  be  granted  only  when  public  necessity 
demands.  When  granted  they  should  be  conducted  in  the  same 
manner  and  with  the  same  regulations  and  requirements  as  are 
the  public  quarterly  examinations. 

Sec.  7571.  H^e  shall  grant  license.— A\\  persons 
present  and  applying  for  examination,  with  the  in- 
tention of  teaching,  the  examiner,  if  convinced  that 
£uch  persons  are  of  good  moral  character  and  are  com- 

80 


DIGEST  OF  SCHIOOL  LAiWS 

petent  to  teach  successfully  the  foregoing  branches  shall 
give  such  persons  certificates,  ranking  in  grades  to  cor- 
respond with  the  relative  qualifications  of  the  applicants, 
according  to  the  standard  adopted.     {See  Sec.  7577.) 

Sec.  7572.  He  shall  not  license  in  some  cases. — He 
shall  not  license  any  person  to  teach  who  is  given  to 
profanity,  drunkenness,  gambling,  licentiousness  or  oth- 
ei  demoralizing  vices,  or  who  does  not  believe  in  the 
existence  of  a  supreme  being;  nor  shall  he  be  required 
tn  grant  private  examinations,  except  as  provided  in 
Section  7568. 

The  examiner  must  convince  himself  by  evidence  if  the  appli- 
cants are  unknown  to  him,  that  they  are  of  good  moral  character. 
He  must  exclude  every  person  who  is  given  to  profanity,  drunken- 
ness, gambling,  licentiousness,  or  other  demoralizing  vices.  Such 
vices  may  be  refusal  to  obey  the  law  as  to  institute  work  or  regular 
examination  work.  A  positive  refusal  upon  the  part  of  an  appli- 
cant, or  one  holding  a  license,  to  obey  the  school  law  sbould  ex- 
clude him  or  take  from  him  his  license.  Obedience  to  law  is  the 
first  mark  of  a  true  teacher,  and  no  one  may  claim  privileges  under 
it  who  refuses  to  obey  it.  He  should  ascertain  by  direct  question 
the  belief  of  every  person  as  to  the  Supreme  Being.  The  words 
"who  is  given  to,"  mean  either  "habitual"  or  "habitual  when  oppor- 
tunities  afford."  It  requires  no  nice  distinction  to  avoid  extremes 
at  this  juncture.  If  the  applicant  is  given  to  these  things  so  as  to, 
raise  a  question  of  doubt  in  the  mind  of  the  examiner,  the  applicant 
should  be  excluded.  The  doubt  must  be  resolved  in  favor  of  the 
schools  and  not  in  favor  of  the  applicants.  He  must  show  a  posi- 
tive moral  character,  one  emphatically  marked  by  the  absence  of 
these  vices  and  cannot  rely  upon  the  ordinary  presumptions  of 
innocence.  He  must  show  himself  clear  or  be  excluded  from  thQ 
state's  schools. 

Sec.  7573.  He  may  re-examine  and  revoke  license. 
— He  may  cite  to  re-examine  any  person  holding  a  li- 
cense and  under  contract  to  teach  any  free  school  within 
his  county,  and  on  being  satisfied  by  a  re-examination, 
or  by  other  means,  that  such  person  does  not  sustain  a 
good  moral  character,  or  that  he  has  not  sufficient 
learning  and  ability  to  render  him  a  competent  teacher, 

81 


DIGEST  OF  SCHOOL.  LAWS 

he  may  for  these  and  other  adequate  causes,  revoke  the 
license  of  such  person. 

In  the  case  of  Huff  v.  Lee,  61  Ark.,  494,  the  supreme  court  held 
that  the  examiner  was  not  personally  liable  for  damages  for  the 
revocation  of  a  teacher's  license,  provided  he  acted  in  good  taitn 
and  without  malice,  and  provided  he  gave  the  teacher  due  notice 
and  a  fair  hearing  before  revoking  the  license. 

In  the  case  of  School  District  v.  Maury,  53  Ark.,  471,  it  was 
held  that  the  power  given  the  examiner  to  revoke  the  license  of  a 
teacher  does  not  exclude  the  right  of  a  board  of  directors  to  termi- 
nate a  contract  for  gross  immorality  or  incompetency.  Only  the 
Question  of  revocation  for  these  two  causes  was  raised  in  this 
case,  but  it  may  be  inferred  that  other  adequate  causes  would 
justify  a  board  of  directors  in  terminating  a  contract,  without  wait- 
ing for  a  revocation  of  license  by  the  county  examiner.  In  all  such 
cases  justice  demands  that  the  teacher  be  giveen  a  proper  hearing 
before  final  action  is  taken. 

Sec.  7574.  He  must  give  notice  of  revocation  to 
teacher  and  directors. — In  case  of  such  revocation,  ht3 
shall  immediately  give  notice,  thereof  to  such  teacher 
and  the  directors,  and  thereby  terminate  the  contract 
between  the  said  parties,  but  the  wages  of  such  teacher 
shall  be  paid  for  the  time  he  shall  have  actually  taught 
prior  to  the  day  on  which  he  received  notice,  of  the  revo- 
cation of  his  license.     {Act  April  14,  1893.) 

Sec.  7577.  He  shall  grant  three  grades  of  certifi- 
cates.— There  shall  be  three  grades  of  certificates  grant- 
ed on  the  following  conditions:  Applicants  receiving  a 
third  grade  license,  which  shall  be  valid  for  six  months, 
must  pass  an  approved  examination  in  spelling,  reading, 
penmanship,  English  grammar,  arithmetic,  geography 
and  United  States  history;  receiving  a  second  grade  li- 
cense, valid  for  one  year,  an  approved  examination  hi 
the  subjects  required  for  a  third  grade  license,  and  also 
in  history  of  Arkansas,  physiology  and  theory  and  art  of 
teaching;  receiving  a  first  grade  license,  valid    for    two 

82 


DIGEST  OF  SOHOOL  LAWS 

years,  an  approved  examination  in  the  subjects  required 
for  a  second  grade  license,  and  also  in  civil  government 
and  elementary  algebra.  He  shall  also  be  empowered,  at 
the  request  of  school  boards  desiring  the  services  of  such 
teachers,  and  upon  satisfactory  evidence  of  qualifica-r 
tions,  to  grant  special  licenses  to  teach  subjects  not 
enumerated  above,  valid  for  two  years,  and  good  only 
with  reference  to  the  teaching  of  subjects  mentioned  in 
said  license.  No  person  shall  be  granted  an  examination 
until  he  shall  present  a  receipt  from  the  county  treas- 
urer for  two  ($2)  dollars,  paid  by  him  to  the  said 
treasurer,  which  amount  shall  be  placed  to  the  credit  of 
the  common  school  fund  of  the  county.  Each  teacher 
.^hall  be  authorized  to  teach  only  those  branches  upon 
which  he  has  passed  an  approved  examination  and  which 
he  has  been  licensed  to  teach. 

Directors  and  teachers  should  notice  this  section.  No  teacher 
can,  without  violating  the  .'aw,  teach  th<ose  subjects  in  which  ne 
has  not  passed  an  approved  examination.  Directors  cannot  cause 
him  to  do  so. 

Sec.  7578.  He  shall  keep  a  record  of  each  teacher, 
, — He  shall  keep  a  record  of  the  age,  name,  sex,  post-of- 
_fice  address  and  nativity  of  each  person  licensed  by  him 
to  teach,  and  of  the.  date  and  grade  of  his  certificate,  and 
shall  include  such  record  in  his  report  to  the  state  super- 
intendent. 

Sec.  7579.  He  shall  instruct  and  encourage  teach- 
ers and  patrons. — He  shall  encourage  the  inhabitants  to 
form  and  organize  school  districts,  to  establish  public 
schools  therein,  under  qualified  teachers,  to  furnish  suit- 
able text-books  for  their  children  and  to  send  them  to 
school.  He  shall  direct  the  attention  of  teachers  and 
.school  patrons  to  those  methods  of  instruction  that  will 

83 


DIG-BST  OF  SCHOOU  LAWS 

.best  promote,  mental  and  moral  culture,  and  to  the  mo^>t: 
feasible  and  improved  plan  for  building  and  ventilating 
|scboolhouses.  He  shall  labor  to  create  among  the  people- 
^n  interest  in  public  schools,  and  shall  take  advantage  of 
public  occasions,  such  as  the.  dedication  of  schoolhouses, 
.public  examinations  and  institutes,  to  impress  people- 
with  the  importance  of  educating  every  child,  and  con- 
sequently of  the  duty  of  maintaining  a  system  of  free 
schools  established  by  law.  He  shall  receive  the  reports 
of  the  directors,  transmit  an  abstract  of  the  same  to  the 
state  superintendent,  and  transmit  therewith  a  report  of 
the  condition  and  prospects  of  the  schools  under  his 
superintendence,  together  with  such  other  information 
and  suggestions  as  he  may  deem  proper  to  communicate. 

Sec.  7580.  Annual  report — Includes  what. — He- 
shall,  annually,  on  or  before  the  10th  day  of  August,  pre- 
pare in  tabular  form,  an  abstract  of  the  reports  made  to 
him  by  the  directors  of  the  school  districts  embraced 
within  his  county,  showing  the  number  of  organized  dis- 
tricts in  his  county  at  the  commencement  of  the  year,  on 
the  first  day  of  July  preceding,  the  districts  that  have 
jnade  their  annual  reports,  the  number  of  persons  in  e.ach 
district  between  ages  of  six  and  twenty-one  years,  distin- 
jguishing  the  sex  and  also  the  color  of  said  persons;  the 
number  of  said  persons  that  attended  school  during  the 
J' ear;  the  average  number  of  males  and  females  of  each 
color  in  daily  attendance;  and  the  number  that  pursued 
each  of  the  studies  designated  to  be  taught  in  the  com- 
imon  schools ;  the  number  of  teachers  of  each  sex  em- 
ployed in  his  county;  the  average  wages  paid  per  month 
rto  the  teachers  of  each  sex,  according  to  the  grades  of 
their  certificates;  the  whole  amount  paid  as  teachers' 
;wages  in  his  county ;  the  number  of  pupils  that  studied  in 

84 


DIGEST  OF  SOHOOiL  UlWR 

;his  county,  and  the  several  branches  taught;  the  number 
of  schoolhouses  erected  during  the  year  in  his  countj% 
material  and  the  cost  of  the  same ;  the  number  before 
.erected,  the  material  used  in  their  construction,  their 
condition  and  value;  the  grounds  of  how  many  inclosed; 
the  amount  of  money  raised  by  tax  in  each  district,  for 
>vhat  purpose  raised;  the  amounts  that  have  been  ex- 
pended, and  for  what  purpose;  the  amount  of  revenue' 
rt^ceived  by  his^  county  from  the  common  school  fund  and 
received  for  the  support  of  the  schools  from  each  of  all 
ether  sources;  for  what  purposes  and  in  what  sums  the 
.said  revenues  were  expended,  and  what  amounts  unex- 
p  nded  were,  at  the  close  of  the  school  year,  in  the  coun- 
ty treasury;  and  shall  report  also  the  number  of  deaf 
mutes,  blind  and  insane  in  each  school  district  in  his 
•county,  under  thirty  years  of  age,  their  names  and  their 
4)ost-offices. 

Sec.  7581.  He  shall  number  districts. — He  shall 
fiumber  the  several  school  districts  in  his  county  in  reg- 
ular order  from  number  one  upward,  and  shall  keep  in 
jhis  office  a  record  and  description  of  each  district,  with 
the  boundaries  clearly  defined,  and  also  a  record  of  such 
"fchanges  or  alterations  in  the  boundaries  of  each  as  shall 
from  time  to  time  be  made. 

Sec.  7582.  To  hold  institutes — may  appoint. — He 
shall  have  the  power  to  appoint  some  suitable  person  to 
hold  teachers*  institutes  and  examine  teachers  in  his 
-county  in  case  of  his  inability  to  attend  such  institutes 
and  examinations.     (Act  December  7,  1875,  Sees.  45-52.) 

Sec.  7583.  (Act  March  11,  1881,  Sec.  7.)  This  sec- 
tion was  repealed  by  Sec.  7539-h.  In  re  Smith,  84  Ark., 
533,  106  S.  W.  679. 

85 


DIGEST  OF  BOHOOU  UAIWIS 

Sec.  7584.  Penalty  for  neglect  of  duty. — If  any 
county  examiner  shall  neglect,  fail  or  refuse  to  perform 
tiny  of  the  duties  required  of  him  in  Section  7580,  and 
-shall  not  forward  the  abstract  mentioned  in  said  section 
to  the  superintendent  of  public  instruction  on  or  before 
the  tenth  day  of  August  of  each  year,  he  shall  forfeit  to 
the  county  the  sum  of  twenty-five  dollars,  to  be  recovered 
*is  provided  by  law,  together  with  all  cost,  and  be  paid 
into  the  county  treasury.  {As  amended -hy  Act  of  April 
23,  1901.) 

Sec.  7585.  County  court  may  allow  expenses. — 
Each  county  examiner  shall  make  out  and  present  to  the 
county  court  of  his  county,  at  its  first  term  after  the  thir- 
/tieth  of  June  in  each  year,  an  account  of  expenditures 
|for  postage,  county  district  records,  or  a  school  district 
pjap  of  the  districts  of  his  county,  and  of  freight  or  ex- 
/press  charges  for  the  transmission  of  blanks  or  sucii 
ether  expenditures  as  he  may  have  actually  and  unavoid- 
fably  incurred,  and  the  county  court  may  allow  the  same 
An  any  sum  not  exceeding  twenty-five  dollars  in  any  one 
year,  including  ten  dollars  for  his  report  to  the  superin- 
tendent of  public  instruction. 

Sec.  7586.  Coimty  clerk  shall  issue  tvarrant  for  ex- 
penses.— When  the  county  court  shall  have  allowed  the 
laccount  of  the  county  examiner  as  provided  in  the  pr^3- 
vious  section,  the  county  clerk  shall  issue  a  warrant  upon 
the  treasurer  for  said  claim,  and  upon  presentation  of 
'Said  warrant  to  the  county  treasurer,  he  shall  pay  the. 
same  out  of  the  common  school  funds  in  his  hands  be- 
ilonging  to  the  county  and  not  yet  apportioned  to  the  sev- 
eral school  districts.     {Act  March  2,  1887,  Sees.  2-3.) 

Sec.  7587.     Shall  furnish    pupils    a     certificate. — 

86 


DIOEST  OF  SCHJOOL  LAWS 

When  a  pupil  has  completed  the  course  prescribed  in 
Section  7532  and  passed  a  satisfactory  examination  the 
teacher  and  directors  shall  certify  the  same  to  the  coun- 
ty examiner,  and  thereupon  he  shall  furnish  to  said  pupil 
a  certificate  to  be  supplied  by  the  state  superintendent, 
and  in  the  nature  of  a  diploma,  the  same  to  be  signed  by 
the  state  superintendent,  and  countersigned  by  the  coun- 
ty examiner  and  teacher  of  said  pupil. 

ANNUAL  SCHOOL  MEETING. 

Sec.  7588.  Who  may  hold  meetings. — When  held.  — 
That  the  male  residents  in  each  organized  school  district 
in  this  state  over  the.  age  of  twenty-one  years,  who  have 
Tpaid  their  poll  tax  and  resided  therein  for  thirty  days, 
and  within  the  state  for  a  period  of  one  year,  and  in  the 
•county  six  months,  previous  to  said  elections,  shall  an- 
nually on  the.  third  Saturday  in  May  at  two  o'clock  p.  m.., 
hold  a  public  meeting  to  be  designated  'The  Annual 
School  Meeting  of  the  District,"  and  each  school  district 
for  the  purpose  of  school  elections  alone,  shall  be  a  polit- 
ical township."  {As  amended  by  Act  of  January  10, 
1897.) 

Sec.  7589.  Qualifications  of  voters. — All  persons 
qualified  to  vote  for  county  and  state  officers  at  the  gen- 
eral election  shall  be  deemed  qualified  electors  of  the 
school  district  in  which  they  reside,  and  shall  have  the 
privilege  of  voting  at  all  school  meetings. 

Sec.  7589-a. — What  taxes  to  be  levied  at  meetimj. 
1.  That  Act  No.  266  of  the  Acts  of  1905  be  and  the  same 
is  hereby  amended  to  read  as  follows : 

For  the  purpose  of  raising  revenue  to  support  the 
state  government,  the  charitable  institutions  of  the  state, 

87 


DIGEST  OF  SOHOOlL  (LAJWIS 

and  the  common  school,  a  tax  shall  be  levied  on  the  tax- 
able property  of  the  state,  as  follows : 

For  defraying  the  general  expenses  of  the  state  gov- 
ernment, including  the  charitable  institutions  of  the 
slate  and  to  supply  deficiencies,  there  shall  be  levied  for 
-each  fiscal  year  beginning  on  the  first  Monday  in  Febru- 
ary, 1907,  one  and  three-fourths  mills  on  the  dollar;  for 
the  support  of  common  schools,  three  mills  on  the  dollar. 
There  shall  also  be  levied  annually  one  dollar  per  capita 
en  every  male  inhabitant  of  the  state  over  twenty-one 
years  of  age  for  common  school  purposes.  Provided,  this 
act  shall  not  be  construed  to  effect  the  levies  provided  for 
in  Sections  6493  and  242  of  Kirby's  Digest,  and  that  pro- 
vided for  a  Capitol  fund  by  act  of  April  29,  1901,  and  the 
act  to  pension  ex^Confederate  soldiers,  approved  March 
4,  1907. 

Sec.  7590.  Quorum;  Routine  of  Business. — The 
electors  of  every  school  district  shall,  when  lawfully  as- 
sembled in  annual  school  district  meeting,  with  not  less 
than  five  electors  present,  have  the  power,  by  a  majority 
of  the  votes  cast  at  such  meeting ;  first,  to  choose  a  chair- 
man; second,  to  adjourn  from  time  to  time;  third,  to  ap- 
point when  necessary,  in  the  absence  of  the  directors  of 
ithe  district,  a  clerk  pro  tern;  fourth,  to  elect  a  director 
for  the  district  for  the  next  three  school  years,  who  can 
read  and  write;  fifth,  to  designate  a  site  for  a  school 
house;  sixth,  to  determine  the  length  of  time  during 
which  a  school  shall  be  taught  more  than  three  months 
in  a  year ;  seventh,  to  determine  what  amount  of  money 
shall  be  raised  by  tax  on  the  taxable  property  of  the  dis- 
trict, sufficient,  with  the  public  school  revenues  appor- 
tioned to  the  district,  to  defray  the  expenses  of  a  school 

88 


MGBST  OF  SOHOOL  liAjWlS 

•for  three  months,  or  for  any  greater  length  of  time,  they 
may  decide  to  have  a  school  taught  during  the  year; 
(provided,  no  tax  for  the  purpose  aforesaid  greater  than 
■seven-tenths  of  one  per  cent  on  the  assessed  value  of  the 
property  of  the  district  shall  be  levied ;  and,  provided 
further,  they  may  if  sufficient  revenue  cannot  be  raised 
to  sustain  a  school  for  three  months  during  any  one  year, 
determine  by  ballot  that  no  school  shall  be  taught  during 
^uch  year,  in  which  case  the  revenue  belonging  to  such 
(district  shall  remain  in  the  treasury  to  the  credit  of  such 
school  district ;  eighth,  to  repeal  and  modify  their  pro- 
ceedings from  time  to  time. 

,  Repealing  Clause  :  All  laws  and  parts  of  laws  in 
conflict  herewith  be  and  the  same  are  hereby  repealed, 
and  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage.  {Acts  1907,  Act  189.  Approved 
April  17,  1907.) 

To  be  an  elector  he  must  have  his  name  on  the  paid  tax  list  or 
-exhibit  a  poll  tax  receipt. 

The  power  of  the  electors  as  enumerated  in  the  above  section 
•may  be  considered  briefly  as  follows: 

1.  To  choose  a  chairman.  This  must  be  done  in  order  that  the 
business  of  the  meeting  may  be  properly  conducted.  Failure  to  hold 
the  annual  meeting  would  not  set  aside  the  election  of  school  direc- 
-tor  and  the  voting  of  tax,  if  the  polls  are  opened  for  these  purposes 

as  provided  in  Section  7591  of  the  school  law. 

2.  To  adjourn  from  time  to  time.  The  annual  meeting  may  be 
vadjourned  to  another  date  for  good  reasons,  but  the  election  of  di- 
rector and  the  voting  for  or  against  tax  could  not  be  considered  at 

•  an  adjourned  meeting.  These  matters  must  be  settled  at  the  meet- 
ing held  on  the  third  Saturday  in  May. 

3.  To  appoint  a  clerk.    This  is  necessary  in  order  that  the  re- 
Hjuirements  of  Section  7632  may  be    met;  also  that  a  permanent  re- 
cord may  be  had  of  the  proceedings  of  the  meeting. 

4.  To  elect  a  director  who  can  read  and  write.  Certainly  a 
reasonable  requirement.  In  case  there  are  to  be  elected  two  or  more 
•directors  the  ballot  should  show  the  length  of  time  each  is  to  serve. 

89 


DIGEST  OF.SdHOOU  LAWS 

5.  To  designate  a  site  for  a  school  house.  Due  notice  shouia 
be  given  in  the  annual  school  meeting  notice,  if  the  election  of  a 
site  is  to  be  considered,  ^ee  Section  7629  of  the  school  law.  JJi- 
rectors  have  no  authority  to  change  the  site  of  a  schooinouse,  un- 
less the  electors  in  the  annual  school  meeting  vote  that  this  be 
done,  and  select  the  new  site. 

6.  To  determine  the  length  of  time  the  school  shall  iDe  taugfit 
more  than  three  months  in  the  year.  It  is  expected  that  a  school 
be  maintained  in  each  school  district  for  at  least  three  months  in 
the  year,  if  there  be  funds  in  the  treasury  available  for  that  pur- 
pose. The  electors  may  vote  to  extend  the  term  more  than  three 
months.  In  the  absence  of  any  negative  action  on  the  part  of  the 
electors,  the  directors  would  be  authorized  to  extend  the  term  be- 
yond three  months,  if  the  funds  in  the  treasury  to  the  credit  of  the 
district  justify  such  extension. 

7.  To  determine  what  amount  of  money  sha'l  be  raised  to  de- 
fray the  expenses  of  the  school.  In  order  that  the  electors  may  vote 
intelligently  on  this  question,  it  is  very  important  that  the  directors 
submit  the  estimate  required,  in  Section  7626  of  the  school  law. 

8.  To  repeal  and  modify  their  proceedings.  The  acts  of  the 
electors  at  any  school  meeting  may  be  repealed  or  modified  at  a 
subsequent  meeting  within  certain  limitations.  This  does  not  ap- 
ply to  the  invalidation  of  any  contracts  that  may  have  been  made, 
unless  by  consent  of  both  parties  to  the  same,  a  repeal  or  modifica- 
tion is  effected. 

Directors  may  permit  a  school  to  be  taught  for  a  shorter  term 
than  three  months,  in  the  absence  of  an  instruction  to  the  contrary 
on  the  part  of  the  electors,  though  this  is  of  doubtful  expediency. 

Besides  these  powers,  the  electors  are  authorized  '  by  Section 
7614  to  direct  the  sale  or  exchange  of  the  site  or  schooinouse;  and 
by  Section  7643,  to  direct  the  use  of  the  schoolhouse  with  reference 
to  private  schools;  and  by  Section  7626,  to  direct  the  proceedings  in 
all  actions  and  suits  at  law  brought  for  or  against  the  district,  if 
they  elect  to  do  so. 

Directors  have  no  power  to  build  a  schoolhouse  with  funds  ot 
the  district  unless  authorized  to  do  so  at  the  May  meeting,  and  a 
contract  made  for  such  purpose  under  authority  conferred  by  a  spe- 
cial meeting  held  in  June  is  void.  F!uty  v.  School  District,  49 
Ark.,  94. 

'Changing  boundary  of  school  districts.  The  people  at  an  an- 
nual meeting  have  no  power  to  change  the  boundary  lines  of  their 
district,  or  to  re  organize  the  district.  The  law  places  such  matters 
in  the  hands  of  the  county  court. 

School  furniture  can  only  be  furnished  by  a  common  school  dis- 
trict from  funds  derived  from  a  special  tax  for  that  purpose.  Special 

90 


DIGEST  OF  SCHOOL  LAWS 

school  districts  may  buy  school  furniture  out  of  any  funds  to  their 
credit. 

Sec.  7591.  Annual  election — Hoiv  held. — The  an- 
nual district  election  shall  be.  held  by  the  school  directors 
as  judges  who  shall  have  power  to  appoint  two  clerks; 
and  if  any  of  the  directors  should  not  attend,  the  assem- 
bled voters  may  choose  judges  in  the  place,  of  those  not 
attending,  and  the  judges  and  clerks  shall  take  the.  oath 
prescribed  by  the  general  election  law ;  jjrovided,  that  it 
shall  be  lawful  for  the  county  court  of  any  county  at  the 
April  term  thereof  to  enter  an  order  adjudging  that  the 
-general  election  law  shall  apply  to  any  school  election  to 
be  held  in  said  county  for  said  year,  and  thereupon  it 
shall  be  the  duty  of  the  sheriff  of  said  county  to  publish 
his  proclamation  of  said  election,  and  the  county  election 
commissioners  shall  appoint  judges  to  hold  said  election 
in  the  respective  school  districts,  and  said  election  of  di- 
-rectors  and  the  voting  of  said  school  tax  shall  be  held 
subject  to  and  conform  to  all  the  requirements  of  the. 
general  election  laws  of  the  state  of  Arkansas ;  but  this 
act  shall  not  be  construed  to  interfere  with  or  in  any  way 
.to  diminish  the  rights  and  duties  of  the  assembled  elect- 
ors as  to  the  matters  to  be  passed  upon  in  open  meetin,^;. 
The  expenses  of  the  election  herein  provided  for  shall  be 
paid  out  of  the  general  county  fund  as  the  expenses  of 
general  elections  are  now  paid. 

The  question  as  to  who  sha'l  administer  the  prescribed  oath  is 
answered  in  Section  2807,  Kirby's  Digest,  as  follows: 

"In  case  there  shall  be  no  person  present  at  the  opening  of  any 
election  authorized  to  administer  oaths,  it  shall  be  lawful  for  the 
judges  of  the  election  to  administer  the  oaths  to  each  other  and  to 
tbe  clerks;  and  such  judges  shall  have  full  power  and  authority 
to  administer  all  oaths  that  may  be  necessary  in  conducting  any 
election." 

Unless  the  judges  make  return  of  the  election  or  vote  to  the 

91 


DIGEST  OF  SOHOOiL  liAJWiS 

'County  court,  it  cannot  levy  tlie  tax.    Hodgkin  v.  Fry,  33  Arij:.,7ie. 

(Even  if  it  could  be  held  that  hy  an  order  of  the  court  the  gen- 
eral election  laws  could  be  made  applicable  to  school  elections,  it 
would  be  necessary  in  a  suit  to  recover  the  penalty  provided  for  a 
violation  of  Section  1667,  to  allege  the  existence  of  such  an  order. 
Brown  v.  Haselman,  79  Ark.,215;  95  S.  W.  136. 

Sec.  7 5dl-a.— Elections  to  be  held  when  and  for 
what  purpose,  1.  That  on  the  third  Saturday  in  May 
of  each  year  after  any  special  or  single  school  district 
shall  have  been  organized,  according  to  the  provisions  of 
Act  No.  321,  of  the  General  Assembly  of  the  year  1909, 
approved  May  31,  1909,  and  annually  thereafter,  an  elec- 
tion shall  be  held  at  a  school  house  or  other  convenient 
place  in  said  school  district  to  be  selected  by  the  board  of 
<lirectors  of  said  district  and  designated  and  advertised 
by  them  in  their  notice  of  the  annual  school  election  re- 
ciuired  by  this  Act.  Said  election  shall  be  for  the  pur- 
pose of  electing  two  directors  who  shall  serve  for  three 
years  or  until  their  successors  are  elected  and  qualified. 
The  ballot  of  the  voter,  in  addition  to  the  name  of  the 
persons  voted  for  as  directors,  shall  have  written  or 
^printed  on  it  the  words,  "For  Tax"  and  "Against  Tax,'' 
^.nd  the  rate,  if  any,  the  voter  desires  levied.  (Acts 
1911,  Act  169.  Approved  April  7,  1911.)  (Amendatory 
to  Act  321,  1909,  see  Sees.  7695-(i  et  seq.) 

Sec.  759 1-&. — Notice  to  he  given,  and  directors  to 
preside.  2.  When  any  special  or  single  school  district 
has  been  organized  as  provided  by  Act  No.  321,  of  the 
General  Assembly  of  1909,  the  board  of  directors  shall 
give  notice  of  each  annual  election  at  least  fifteen  days 
previous  to  such  election  by  posting  notices  in  at  least 
five  public  places  in  said  district.  The  annual  .  district 
^elecl'ion  shall  be  held  by  three  members  of  the  board  of 
directors  as  judges  and  two  members  as  clerks,    to    be 

'     92 


DIGEST  OF  SiClHOOU  LiAIWlS 

selected  for  such  purpose  by  the  president  of  said  board; 
provided,  if  any  of  the  directors,  so  selected  to  hold  said 
election,  shall  fail  to  attend,  the  assembled  voters  may 
choose  judges  and  the  judges  may  choose  clerks  in  the 
place  of  those  not  attending  and  the  judges  and  clerks 
shall  take  the  oath  prescribed  for  judges  and  clerks  by 
the  general  election  law. 

Sec.  7591-c. — When  polls  to  open  and  close,  3.  The 
judges  shall  cause  the  polls  to  be  opened  at  nine  o'clock 
and  closed  at  sunset. 

Sec.  7591-cZ. — Returns  of  election  to  be  made  to 
county  clerk;  Court  to  levy  taxes.  4.  The  returns  of 
said  election  shall  be  made  to  the  county  clerk,  who  shall 
declare  the  result  of  the  votes  for  and  against  tax  and 
certify  the  same  to  the  county  court  on  the  first  day  of 
the  term  fixed  by  law  for  levying  county  taxes,  and  the 
rate  of  taxes  so  certified  shall  be  levied  by  the  court  as 
other  school  taxes. 

Sec.  7591-e. — Judges  of  election  to  give  those  elect- 
ed  director's  certificates  thereof.  5.  The  judges  of  said 
jschool  election  shall  within  five  days  thereafter  give  to 
each  of  the  two  persons  securing  the  highest  vote  for  di- 
,Tector  a  certificate  of  election,  and  each  of  said  persons 
(shall,  within  ten  days  after  receiving  said  certificate, 
rtake  the  oath  of  office  prescribed  by  law  for  directors, 
and  file  the  same,  together  with  his  certificate  of  election^ 
with  the  county  clerk  of  his  county  and  enter  at  once- 
upon  the  duties  of  his  office. 

Sec.  7591-/. — Property  of  district  under  control  of 
directors.    6.    The  title  to  all  real  estate  and  other  prop- 


93 


DIGEST  OF  SCHOOL.  OLAWS 

erty  for  school  purposes  to  any  such  special  or  single 
school  district  shall  vest,  and  hereby  is  vested  in  said 
S'.-hool  district,  and  shall  be  under  the  management  and 
control  of  the  board  of  school  directors  of  said  district 
as  fully  and  completely  as  other  school  property  belong- 
ing so  said  district. 

Sec.  7591-5^. — Districts  known  as  Rural  Special 
.School  Districts.  7.  All  school  districts  formed  under 
'the  provisions  of  Act  No.  321,  of  the  General  Assembly 
«of  1909,  and  governed  by  the  provisions  thereof  and  the 
X-Tovisions  of  this  Act,  shall  be  known  and  designated  as 

Rural  Special  School  District  No ,  in  the  order  of  the 

•formation  theredf  which  said  number  shall  be  designated 
by  the  county  court  in  its  order  for  an  election  as  pro- 
vided in  said  Act  of  1909,  looking  to  the  formation  of 
such  district;  provided,  such  districts  as  have  heretofore 
been  formed  under  said  act  shall  retain  and  be  known 
and  designated  by  any  name  or  number  which  such  dis- 
trict may  have  assumed ;  and  by  such  name  such  district 
•may  sue  and  be  sued,  contract  and  be  contracted  with ; 
purchase,  acquire,  hold  and  sell  property,  receive  gifts, 
grants  and  bequests,  and  generally  shall  possess  and  en- 
joy all  the  corporate  powers  usually  possessed  by  bodies 
corporate  of  like  character.  The  style  of  the  board  cf 
directors  for  such  school  districts  shall  be,  "Board  of 
School  Directors." 

Sec.  7591-h,-  Directors  may  horroiv  money. — Ru- 
ral special  school  districts  shall  have  the  power  to  bor- 
row money  for  the  purpose  and  in  the  manner  provided 
in  sections  7696,  7697  and  7698,  of  Kirby's  Digest.  in 
addition  to  such  power  the  board  of  directors  shall  have 
the  power  to  borrow  money  for  building  purposes  if  au- 

94 


DIGEST  OF  SCHJOOiL  iLA^S 

thorized  by  a  vote  of  a  majority  of  the  electors  of  the 
district  at  any  annual  election.  Such  vote  may  be  "For 
Building  Fund,"  or  ''Against  Building  Fund,"  and  shall 
slate  the  amount  of  the  Building  Fund  Tax  which  the  vo- 
ter desires  levied.  If  a  Building  Fund  is  voted,  the 
amount  of  such  tax  shall  be  determined  by  taking  the 
largest  amount  or  rate  of  taxation  voted  for  by  a  majoi'- 
ity  of  the  voters,  and  if  no  rate  shall  have  received  such 
majority,  then  all  the  votes  cast  for  the  highest  rat?,  shall 
be  couned  for  the  next  highest  and  so  on  till  some  rate 
voted  for  shall  receive  a  majority  of  all  the.  votes  cast. 
If  a  majority  of  the  votes  cast  are  'Tor  Building  Fund,'* 
it  shall  be  equivalent  to  voting  a  building  tax  of  the 
amount  or  rate  as  determined  by  this  section  for  each  suc- 
ceeding year  until  the  money  borrowed  by  the  board  of 
directors,  pursuant  to  such  vote,  together  with  all  the, 
interest  thereon  shall  have  been  fully  paid.  When  a 
'building  fund  has  been  specially  voted  for,  as  provided 
in  this  section,  the  board  of  directors  may  borrow  money, 
and  mortgage  the  real  property  of  the  district  as  secur- 
ity therefor,  under  such  conditions  and  regulations  as  to 
amount,  time  and  manner  of  payment  as  the  board  of 
directors  shall  determine,  and  may,  from  time  to  time, 
renew  or  extend  any  evdence  of  indebtedness  or  mort- 
gage issued  or  executed  hereunder.  All  moneys  bor- 
row^ed  under  this  provision  shall  be  placed  in  the  county 
treasury  to  the  credit  of  the  building  fund  of  the  district, 
and  the  board  of  directors  shall  issue  to  the  person,  firm 
or  corporation  advancing  or  lendng  such  money,  a  certi- 
ficate, signed  by  the  president  and  secretary  of  said 
board,  in  the  following  form : 

This  is  to  certify  that  at  the  annual  election,  held  on 
tlie day   of 19 ,   in   Rural 


95 


DIGEST  OF  BOHOOOU  liAWS 

Special  School  District  No ,  

County,  Arkansas,  a  majority  of  the  electors  of  said  dis- 
trict cast  their  votes  *Tor  Building  Fund,"  and  fixed  the 

amount  or  rate  at....: mills;  and  that  pursuant 

t    the  provisions  of  an  Act  approved  on  the day  of 

19 ,  the  board  of  directors  of  said 

Rural  Special  School  District  have  borrowed  from 

the  sum  of  $ ,  for  a  period 

of years,  which  amount  with  interest  at  the 

rate  of per  cent  per  annum  from  this  date  un- 
til paid,  is  to  be  paid  from  funds  arising  from  a  tax  of 
mills  to  be  levied  annually  upon  the  proper- 
ty in  said  district. 

Witness  our  hands  as  directors  of  said  Rural  Spe- 
cial School  District,  on  this  the. day  of 

19 


The  said  certificate  shall  be  executed  in  triplicate 
and  signed  by  a  majority  of  the  board  of  directors.  One 
copy  shall  be  retained  by  the  board,  another  shall  be  de- 
livered to  the  lender,  and  the  third  shall  be  filed  by  the 
board  of  directors  with  the  clerk  of  the  county  court.  Up- 
on the  filing  of  said  certificate,  it  shall  be  the  duty  of 
the  county  court  to  levy  each  succeeding  year  a  building 
tax  of  the  amount  or  rate  voted  for,  against  the  property 
in  said  district,  until  the  amount  thus  borrowed,  with  the 
interest  due  thereon,  has  been  fully  paid.  It  shall  be  the 
duty  of  the  county  treasurer  to  pay  the  holder  of  said 

96 


DIGEST   OF   SCHOOL.  LiAWiS 

certificate  upon  demand,  any  funds  to  the  credit  of  th» 
building  funds  of  said  district,  applying  the  same  first, 
to  the  payment  of  the  interest  due. 

Provided,  that,  whether  the  vote,  be  "For  Building 
Fund,"  or  "Against  Building  Fund,"  this  shall  not  pre- 
vent the  electors  from  voting  for  a  building  tax,  as  now 
provided  by  law. 

Provided,  further,  that  the  County  Treasurer  shaH 
receive  no  commission  on  the  building  funds  of  rural 
special  school  districts  handled  by  him. 

Sec.  759 1-i. — Laws  relating  to  districts  in  towns 
shall  apply  when  not  inconsistent. — All  general  laws  of 
this  State  relating  in  any  wise  to  special  or  single  school 
districts  in  incorporated  towns  and  cities  and  not  incon- 
sistent with  this  Act  nor  Act  321  of  the  General  Assem- 
bly of  1909,  shall  apply  with  the  same  force  and  effect 
to  rural  special  or  single  school  districts  as  mentioned  in 
this  Act,  as  to  special  or  single  school  districts  in  incor* 
porated  cities  and  towns. 

Sec.  7592.  Ballot — Shall  contain  what. — The  ballot 
of  the  voter  shall,  in  addition  to  the  names  of  the  persons 
voted  for  as  directors,  have  written  or  printed  on  it  the 
words,  "for  tax,"  or  "against  tax,"  and  also  the  amount 
cl  tax  the  voter  desires  levied. 

Sec.  7593.  Judges  shall  make  return  to  county 
court. — ^When  the  polls  are  closed  the  judges  shall  pro- 
ceed to  count  the  votes,  ascertain  the  result  and  make  re- 
turn thereof  to  the  county  court,  showing  he  number  of 
votes  cast  for  each  person  voted  for  for  school  director^ 
also  the  number  cast  for  and  against  tax,  and  the  num- 

97 


DIGEST   OF    SOHOOL  IjAWIS 

l)er  of  votes  cast  for  each  amount  or  rate  of  tax  voted  for ; 
such  return,  together  with  the  ballots,  shall  be  sealed  up 
and  delivered  by  one  of  the  judges  to  the  county  clerk 
within  twenty  days  after  the  election,  and  it  shall  be  the 
duty  of  the.  county  clerk  to  make  a  record  of  these  re- 
turns and  present  the  same  to  the  county  court  when  it 
mieets  for  the  purpose  of  levying  taxes.  (As  amended  hi) 
Act  of  March  16,  1901.) 

The  annual  school  meeting  is  held  at  two  o'clock.  It  is  pre- 
sumed that  immediately  after  the  regular  business  as  prescribed 
in  iSection  7590,  Kirby's  'Digest,  is  transacted,  the  polls  will  be 
opened  for  the  annual  school  election.  The  supreme  court  held, 
in  the  case  of  Holland  v.  Davies,  that  the  statute  fixes  no  time  for 
the  closing  of  the  polls,  and  tlhat,  "though  the  law  has  not  been 
strictly  complied  with,  where  no  obstruction  or  impediment  to  a 
fair  expression  of  the  will  of  the  electors  is  shown"  the  election 
should  be  considered  valid. 

A  special  school  meeting  can  be  called  only  for  the  election 
of  a  director. 

lit  was  also  held  in  the  same  case  that  the  omission  of  the 
judges  to  state  in  the  returns  the  number  of  votes  cast  for  and 
against  tax  will  not  defeat  a  levy  adopted  by  the  annual  school 
meeting.  The  court  concludes  as  follows:  "If  the  substantial  re- 
quisites of  the  vote  appear,  informalities  and  mere  irregularities 
should  be  overlooked  and  disregarded." 

Sec.  7594.  County  court  shall  ascertain  tax. — The 
county  court,  at  its  said  meeting  for  levying  taxes,  shall 
take  the  record  of  the  county  clerk  and  ascertain  wheth- 
er a  majority  of  the  votes  cast  be  for  tax;  and  if  a  tax 
has  been  voted,  then  the  county  court  shall  determine 
the  amount  of  taxes  voted  by  taking  the  largest  amount 
or  rate  of  taxation  voted  for  by  a  majority  of  the  voters, 
which  shall  be  levied  and  collected  by  the  district  so  vot- 
ing, and  if  no  rate  shall  have  received  such  majority, 
then  all  the  votes  cast  for  the  highest  rate  shall  be  count- 
•ed  for  the  next  highest,  and  so  on,  till  some  rate,  voted 
for  shall  receive  a  majority  of  all  the  votes  cast.  {As 
amended  by  Act  of  March  16,  1901.) 

98 


DIGEST    OT   SOHOOIL  LiAWiS 

Sec.  7595.  Taxes. — Levied  and  collected. — All  tax- 
-es  voted  for  school  purposes  by  any  school  district  shall 
be  levied  by  the  county  court  at  the  same  time  the  county 
taxes  are  levied,  and  shall  be  collected  in  the  same  man- 
ner as  the  county  taxes  are  collected,  at  the  same  tim.e 
and  by  the  same  person,  and  be  paid  into  the  county 
treasury,  there  to  be  ke.pt  subject  to  disbursement  on  the 
v^^arrant  of  the  school  directors;  provided,  no  tax  for 
the  purposes  aforesaid  greater  than  seven-tenths  of  one 
per  cent  on  the  assessed  value  of  the  taxable  property  of 
the  district  shall  be  levied,  which  shall  be  done  by  ballot. 

The  ceunt]^  court  has  no  power  to  levy  a  school  tax  indepeii' 
dent  of  action  on  the  part  of  the  electors  of  each  school  district 
for  which  the  tax  is  levied;  it  can  only  cause  to  be  p'aced  on  the 
tax  books  and  collected  such  rates  as  are  reported  from  the  dis- 
tricts. An  excessive  levy  vitiates  the  w^ole  tax.  Worthen  v. 
Badgett,  32  Ark.,  4%.  iSee  Ry.  v.  Parks,  lb.,  131;  Rogers  v.  Kerr, 
42  Ark.,  100. 

COUNTY  UNIFORMITY  OF  TExT-BOOKS. 

Sec.  7596.  Electors  shall  vote  on  question. — ^The 
electors  of  every  common  school  district  shall,  when 
lawfully  assembled  in  annual  district  school  meeting  on 
the  third  Saturday  in  May,  with  not  less  than  five  elec- 
tors present,  have  the  power,  in  addition  to  the  powers 
already  provided  by  law,  to  vote  on  the  question  of 
county  uniformity  in  text-books. 

A  majority  of  all  the  electors  voting  at  an  election  in  tlie  com- 
mon districts,  and  not  a  majority  voting  on  the  quest'on,  is  neces- 
sary to  adopt  county  uniformity.  Only  those  elector?  residing  in 
common  school  districts  are  allowed  to   vote   on  county  uniformity. 

Sec.  7597.  Ballot  shall  contain  what. — The  ballot  of 
the  electors  shall,  in  addition  to  the  name  of  the  persons 
voted  for  as  directors,  and  the  words  "for  tax*'  or 
""aganst  tax,"  have  written  or  printed  on  it  "for  county 
^uniformity"  or  "against  county  uniformity." 

99 


DIOEST  OF  SCHOOL  LAWS 

Sec.  7598.  County  court  shall  ascertain  vote. — The 
county  court  at  its  regular  meeting  for  levying  taxes 
shall  open  the  returns  and  ascertain,  in  addition  to  its 
other  duties  as  now  provided,  whether  the  majority  of 
all  the  votes  cast  at  that  election  in  the  county  be  "for 
county  uniformity,"  and  if  such  be  the  fact  the  county 
clerk  shall  within  ten  days  thereafter  so  certify  to  the 
county  examiner  and  to  the  state  superintendent  of  pub- 
lic instruction. 

The  design  of  the  law  makers  was  simply  to  designate  the  term 
of  court  at  which  the  votes  should  be  canvassed  and  to  name  the 
county  court  as  the  agency  therefor.  The  legislature  did  not  in- 
tend to  confer  upon  the  quorum  court  jurisdiction,  to  determine- 
whether  county  uniformity  carried.  Firestone  v.  White,  71  Ark., 
Ill;  71  S.  W.,  250. 

Sec.  7599.  County  uniformity  board — How  ap- 
pointed.— In  each  county  in  which  a  majority  of  all  the 
votes  cast  shall  be  "for  county  uniformity,"  the  county 
examiner,  together  with  two  resident  teachers  of  the 
county,  holding  first  grade  certificates,  to  be  appointed 
by  the  state  superintendent  of  public  instruction  within 
thirty  days  after  receiving  notice  as  in  above  section, 
and  two  citizens  of  the  county  interested  in  the  public 
schools,  to  be  appointed  by  the  county  judge  within  thir- 
ty days,  shall  constitute  the.  county  school  book  board, 
who  shall  take  the  oath  of  office  prescribed  by  the  con- 
stitution of  the  state,  and  who  shall  serve  until  their 
successors  are  appointed  and  qualified  in  like  manner. 

Sec.  7600.  County  uniformity  board — Duties. — 
The  county  examiner,  who  shall  be  chairman  of  the 
county  school  book  board,  shall  call  its  members  to  meet 
together  at  the  county  seat  in  the  courthouse  on  or  be- 
fore the  third  Tuesday  in  November,  for  the  purpose 
for  which  the  board  is  constituted.    The  board,  after  it» 


100 


DIGEST   OF    SCHOOL.  liAWlS 

organization,  shall  proceed  to  carefully  examine  and 
compare  the  school  text  books  and  their  prices,  which 
may  be  submitted  for  its  consideration,  and  shall  within 
^ixty  days,  by  a  majority  vote  of  all  its  members,  select 
and  adopt  a  list  or  series  of  school  text  books  on  the  fol- 
lowing subjects,  to-wit:  Writing,  spelling,  reading, 
arithmetic,  language  lessons,  English  grammar,  geo- 
graphy, history  of  Arkansas  and  of  the  United  States, 
civil  government  of  Arkansas  and  of  the  United  States, 
physiology  and  hygiene  and  elementary  algebra,  for  uni- 
form use  in  the  common  school  districts  of  the  county 
for  a  period  of  six  years  from  and  after  their  adoption. 
In  making  such  adoptions,  the  county  school  book  board 
shall  give  due  consideration  to  the  school  text  books 
which  are  used  in  the  majority  of  the  school  districts  of 
the  county,  and  to  the  wishes  and  recommendations  of 
the  teachers  and  school  patrons,  as  may  be  expressed  to 
the  board  by  petition  or  otherwise;  provided,  equally  as 
good  terms  can  be  obtained  for  the  regular  supply  of  the 
books  already  in  general  and  satisfactory  use  in  the 
schools  of  the  county  and  for  any  exchange  of  books 
required,  as  can  be  obtained  from  publishers  of  other 
school  books  of  equal  merit  and  workmanship ;  and  pro- 
iHded  further,  that  no  school  books  shall  be  adopted  the 
price  of  which  exceeds  the  price  at  which  said  books  are 
furnished  or  sold  to  school  patrons  inany  other  state  or 
territory. 

Act  315,  May  31,  1909,  requires  adoption  of  text  on  elementary 
agriculture  and   horticulture.     (See  Section  76i22d  et  seq.) 

Sec.  7601.  County  uniformity  board — CompensOr- 
tion. — The  county  school  book  board  shall  be  in  session 
not  to  exceed  ten  days  in  any  one  year  and  each  member 
of  the  board  shall  receive  two  dollars  ($2.00)  per  day  for 
^chf  day  he  shall  serve,  to  be  paid  out  of  the  common 

101 


DIG-EST    OF    SOHOOlL   IjAWS 

school  funds  of  the  county.    The  chairman  of  the  boardi^i 
shall  file  with  the  county  clerk  a  statement  showing  the 
number  of  days  each  member  has  served,  and  the  county 
clerk  shall  issue  his  warrant  on  the  county  treasurer  in 
favor  of  each  member  in  accordance  with  such  statement, . 
payalble  out  of  the  common  school  funds  of  the  county. 

Sec.     7602.  Penalty  for  using  other  books. — The 
county  examiner  shall  keep  a  record  of  the  proceedings 
of  the  county  school  book  board  and  the  books  adopted  by 
it  for  uniform  use  in  the  schools  of  the  county,  with    the  • 
contract  prices  of  the  same,  of  which  adopted  list    and . 
prices  he  shall, give  due  notice  to  the  teachers  and  school 
directors  of  the  county  by  circular  letters  or  otherwise.. 
The  books  so  adopted  shall  be  brought  into  exclusive  use 
in  all  the,  public  schools  of  the  county  as  soon  and  as  rap- 
idly as  practicable ;  and  any  teacher  or  school  director 
permitting  any  other  book  or  books  than  those  adopted 
by  the  county  board ^  to  be  used  in  the  schools  under  their - 
charge  after  one  year  from  the  date  of  their  adoption, 
shall  be  subject  to  a  fine  of  not  less  than  fifteen  dollars 
($15.00),  and  any  person  selling  any  book  so  adopted  to 
a  school  patron  at  a  price, greater  than  the  contract  price- 
thereof,  shall  be  subject  to  a  fine,  of  not  less  than  ten  dol-  - 
lars  ($10.00) ;  provided,  that  nothing  in  this  act  shall  be 
so  construed  as  to  prohibit  any  board  of  school  directors, 
superintendent  or  teacher,  from  using  readers  or  other 
books  for  supplementary  purposes,  but  no  such  supple- - 
mentary  books  shall  take  the  place  of  any  adopted  book 
on  the  county  list. 

Sec.  7603  Publisher  shall  deposit  books  and  give 
bond. — Before  any  school  book  may  be  lawfully  adopted 
by  .any  county  school  book  board  in  this  state,  its  publish- 
er shall  deposit  in  the  office  of  the  state  superintendent- 

102 


DilGIEST    OF    SCHOOL  LI^WS 

of  public  instruction  a  sample  or  standard  copy  thereof, 
with  its  regular  or  wholesale  mailing  price  plainly  writ- 
ten or  stamped  therein,  together  with  a  written  proposi- 
tion to  furnish  such  school  books  to  any  school  or  school 
board,  or  to  their  authorized  agent  at  the  lowest  whole- 
sale or  mailing  price  thereof.  And  any  publisher  making 
a  proposition  to  the  state  superintendent  for  furnishing 
school  books  in  this  state,  shall  file  with  the  auditor  of 
state  a  duplicate  copy  of  his  or  their  proposition  to  the 
state  superintendent*  and  shall  enter  into  a  bond  to  and 
with  the  state  of  Arkansas  in  the  sum  of  twenty  thous- 
and dollars  ($20,000)  for  the  faithful  performance  of 
his  or  their  stated  proposition.  Said  bond  to  be.  mad« 
through  some  reputable  guaranty  company. 

Sec.  7604.  Publisher  required  to  make  contract. — 
That  each  county  chool  book  board,  before  adopting  any 
text-books,  shall  require,  its  publishers  to  deposit  in  the 
office  of  the  county  examiner  a  sample  or  standard  copy 
cf  the  same,  and  after  its  adoption,  shall  require  said 
publisher  to  enter  into  contract  with  it,  to  furinsh  said 
text-books  j  so  adopted  for  the  entire  period  of  its  adop- 
tion and  use  in  the  schools  of  the  county  at  its  lowest 
wholesale  or  mailing  price  as  certified  by  the  state  super- 
intendent; and  shall  require  the  publisher  of  each  and 
every  school  book  so  adopted  to  guarantee  and  maintain 
the  mechanical  quality  and  execution  of  such  book  equal 
to  the  sample  or  standard  copy  thereof  filed  in  the  office 
of  the  county  examiner,  and  no  county  school  book  board 
shall  adopt  any  school  book  whose  publisher  shall  not 
have  complied  as  to  said  book  with  the  provisions  of  this 
act. 

Sec.  7605.  Special  district  board  may  adopt. — The 
board  of  directors  of  special  school  districts  in  any  coun- 

-103 


DIGEST    OF    SOHOOL   ]jA.WS 

ty  ^Mch  shall  adopt  a  uniform  series  of  books,  as  pro- 
vided in  this  act,  shall  have  the  option  of  adopting  the 
county  uniform  series  or  a  different  series,  in  whole  or  in 
pkirt,  for  use  in  its  schools. 

•  Sec.  7606.  Counties  voting,  "against  uniformity/' — 
In  counties  in  which  the  vote,  is  "against  uniformit}"" 
there  shall  be  no  change  in  the  school  books  in  use  in  the 
public  schools  therein  for  qne  year ;  provided,  the  publish- 
ers of  the  books  so  in  use  shall  furjiish  them  upon  the 
same  terms  as  the  same  books  are  furnished  in  Counties 
voting  "for  county  uniformity,"  according  to  the  provi- 
sions of'  this  act. 

SCHOOL  DIRECTORS. 

■  Sec  7607.  Directors — When  elected  How. — At  the 
m-nnual  school  meeting,  held  on  the  third  Sunday  in  May, 
there  shall  be  elected  by  the  legal  voters  in  each  school 
district  a  director,  who  shall  hold  office  for  the  term  of 
three  years,  and  until  his  successor  shall  have  been  elect- 
€d  and  have  qualified.  Provided,  at  the  first  annual 
school  meeting  of  the  district  after  the  passage  of  this 
jact,  three  school  directors  shall  be  elected,  to  hold  office 
one,  two  and  three  years  respectively.  Provided 
further,  when  a  new  school  district  shall  have  been 
formed  under  the  provisions  of  this  act,  three  directors 
shall  be  immediately  elected  by  the  electors  of  the  nev/ 
district,  and  shall  hold  their  office  for  one,  two  and  three 
years  respectively,  and  until  their  successors  are  elected 
and  qualified,  as  herein  provided  for.  Act  December  7. 
1875,  Sec.  57,  as  amended  by  Act  March  11,  1881,  Sec.  2, 
and  Act  January  30,  1889. 

Sec.  7608.   Directors  shall  take  oath  and  file  certifi- 
cate.— The  judges  of  any  school  election  of  this  state  for 

104 


DIGEST    OF    SCHOOL   LA  WIS 

school  directors  shall  within  five  days  after  said  election 
give  to  the  said  elected  director  a  certificate  of  his  elec- 
tion, who  shall  within  ten  days  thereafter  take  the  oath 
of  office  prescribed  for  directors,  and  file  the  same,  to- 
gether with  his  certificate  of  election,  with  the  county 
clerk  of  his  county,  and  enter  at  once  upon  the  duties  of 
his  office.     Act  January  30,  1889. 

Sec.  7609.  Oath — Who  shall  administer. — An  old 
director  shall,  upon  an  application  of  an  incoming  direct- 
or, administer  to  him  the  oath  of  office.  Act  March  11, 
1881,  Sec,  5. 

Sec.  7610.  Director  fined  for  refusing  to  serve. — 
Any  person  who  shall  have  been  elected  or  appointed  a 
director,  and  shall  neglect  or  refuse  to  qualify  and  serve 
as  such,  shall  forfeit  to  his  district  the  sum  of  ten  dollars, 
which  may  be  recovered  by  action  against  him  at  the  in- 
stance of  any  elector  in  the  district,  and  which,  when 
collected,  shall  be  paid  into  the  county  treasury  by  the  of- 
ficer before  whom  the  action  was  maintained,  and  added 
by  the  treasurer  to  the  school  fund  revenues  appropriat- 
ed to  the  district. 

Sec.  7611.  Directors  fined  for  neglect  of  duty. — 
Any  director  who  shall  neglect  or  fail  to  perform  any  du- 
ties of  his  office  shall  forfeit  to  his  district  the  sum  of 
twenty-five  dollars  to  be  recovered  as  directed  in  the  pre- 
ceding section,  and  to  add  in  like  manner  to  the  school 
fund  revenues  apportioned  to  his  district. 

Sec.  7612.     Vacancy  in  office — How  filled. — If  the 

office  of  any  director  in  a  district  becomes  vacant,    the 

electors  of  said  district  shall,  in  a  district  meeting    as- 

;;3embled,  wthin  fifteen  days  after  the  occurrence  of  such 

105 


DIG<EST    OF   SCeOOlL   LiA-WS 

vacancy,  elect  a  director  to  serve  the  remainder  of  the 
unexpired  term ;  but  if  the  district  in  which  such  vacan- 
cy occurs  neglects  or  fails  to  elect  a  director  to  fill  suf  h 
vacancy,  then  the  county  court  shall  appoint  from  the 
electors  of  said  district  a  director  to  serve  the  remainder 
of  the  term. 


iFrom  Section  7608  it  is  plain  that  the  last  day  upon  which  the 
newly  elected  director  may  take  the  oath  of  office  is  fifteen  days 
from  the  third  Saturday  in  May.  In  case  no  director  is  elected, 
the  electors  will  have  the  rigfht  within  fifteen  days  after  the  an- 
nual meeting  to  elect  a  director  for  a  vacancy  caused  by  a  failure 
to  elect  at  the  proper  time.  iFor  a  vacancy  caused  by  death,  re- 
signation, or  otherwise,  the  electors  have  fifteen  days  from  the 
date  of  such,  death,  resignation  or  other  occurrence  which  caused; 
the  vacancy,  to  fill  the  same. 

A  bona  fide  removal  of  a  school  director  from  a  district  an- 
nuls his  right  to  serve  as  such.  His  subsequent  return  to  the  dis- 
trict does  not  revive  this  right.  'A  vacancy  has  been  created,  which 
should  be  filled  by  a  special  election,  or  by  appointment,  in  case 
the  special  election  is  not  held  within  the  time  prescribed  by  law. 

"Wlhere  the  offices  of  two  school  directors,  the  term  of  one  of 
whom  would  expire  in  two  years,  and  that  of  the  other  in  three 
years,  become  vacant,  and  the  electors  fail  to  fill  the  vacancies 
within  fifteen  days,  the  county  court  may  appoint  from  the  elect- 
ors persons  to  fill  the  vacancies.  And  if  the  appointment  be  made 
without  designating  which  of  the  two  appointees  shall  serve  two, 
and  which  s!hall  serve  three  years,  and  the  electors  at  the  next  an- 
nual school  meeting,  agree  that  one  of  such  appointees  should 
serve  the  long  term,  and  elected  a  successor  for  the  other,  the 
former  continued  to  hold  office  because  no  successor  was  elected 
to  succeed  him.    Click  v.  Sample,  73  Ark.,  197,  83  S.  W.  9i32. 

Sec.  7613.  Duties  in  general — Shall  establish 
schools. — The  said  board  shall  make  provisions  for  estab- 
lishing separate  schools  for  white  and  colored  children 
and  youth,  and  shall  adopt  such  other  measures  as  they 
may  judge  expedient  for  carrying  the  free  school  system 
into  effectual  and  uniform  operation  throughout  the. 
state,  and  providing,  as  nearly  as  possible,  for  the  educa- 
tion of  every  youth. 

106  ^ 


DIGEST    OF    SCHOOL   LtA.WS 

In  the  case  of  Maddox  et  al.  v.  Neal  et  al.,  45  Ark.,  121,  the  su- 
preme court  of  this  state  says:  "A  wide  range  of  discretion  is 
vested  in  these  boards  by  the  statute  in  the  matter  of  government 
and  details  of  conducting  of  the  common  scJhooIs,  but  in  the  nature 
of  things  there  is  a  limit  to  this  discretion.  Some  positive  and  im- 
perative duties  are  imposed  upon  them  about  which  they  have  no 
discretion.  The  first  and  most  important  duty  of  the  board  is  to 
make  provisions  for  establishing  schools.  When  the  funds  are  pro- 
vided, and  the  directors  are  not  otherwise  instructed  by  the  school 
meeting  of  the  district,  the  duty  to  provide  a  school  for  at  least 
three  months  is  mandatory,  and  the  duty  to  establish  separate 
schools  for  the  whites  and  blacks  is  also  incumbent  on  them.  All 
the  provisions  of  the  law  in  relation  to  schools,  in  conformity  to 
the  constitutional  mandate,  are  general,  and  the  system,  so  far  as 
the  statute  can  make  it,  is  uniform.  No  duty  is  imposed  upon  or 
discretion  given  the  directors  about  schools  for  one  race  that  is 
not  applicable  to  the  other.  It  is  the  clear  intention  of  the  consti- 
tution and  statutes  alike  o  place  the  means  of  education  within 
the  reach  of  every  youth.  Education  at  the  public  expense  has  be- 
come a  legal  right  extended  by  the  laws  to  all  the  people  alike. 
No  discrimination  on  account  of  nationality,  caste  or  other  dis- 
tinction has  been  attempted  by  the  law-making  powers..  The 
boards  of  directors  are  only  the  agents,  trustees  appointed  to  car- 
ry out  the  system  provided  for.  Their  powers  are  no  greater  than 
the  authority  conferred  by  legislation.  They  can  do  nothing  they 
are  not  expressly  authorized  to  do,  or  which  does  not  grow  out  of 
their  expressed  powers.  *  *  *  The  opportunity  of  instruction 
in  public  schools,  given  by  the  statute  to  all  the  youths  of  the 
state,  is  in  obedience,  as  we  have  seen,  to  special  command  of  the 
constitution,  and  it  is  obvious  tlhat  a  board  of  directors  can  have 
no  discretionary  pwer  to  single  out  part  of  the  children  by  the  ar- 
bitrary standard  of  color,  and  deprive  them  of  the  benefits  of  the 
school  privilege.  To  hold  otherwise  would  be  to  set  the  discre- 
tion of  the  directors  above  all  law." 

A  director  living  in  an  old  district,  should  his  property  be  in- 
cluded in  a  new  district  form  from  a  portion  of  the  old,  ceases 
to  be  a  director. 

The  duty  of  establishing  separate  schools  for  races  is  manda- 
tory. If  tihere  are  eleven  or  more  black  children,  or  eleven  or  more 
white  children,  they  must  have  a  school.  Ten  black  children  or  a 
less  number,  or  ten  white  children  or  less  should  be  transferred 
to  an  adjoining  district  under  the  provisions  of  the  act  approved 
April  3,  1891. 

The  directors  have  power  to  require  each  pupil  to  pursue  cer- 
tain studies,  and  for  violation  of  such  rule,  adequate  punishment 
may  be  administered.  In  the  common  school  districts  of  tlhis  state 
only  the  common  school  branches  may  be  required;  in  special 
school  districts  the  board  has  power  to  decide  that  additional  stu- 
dies shall  be  taught. 

107 


DIGEST    OF    SCHOOL   L1A.WB 

While  a  school  director  cannot  make  a  hinding  contract  with 
the  district  to  pay  him  an  agreed  sum  for  his  services  outside  his 
official  duties,  still,  if  tihe  district  accepts  the  benefit  of  his 
servces,  it  will  be  liable  to  make  just  compensation  therefor. 
Smith  V.  iDandridge,  9,8  Ark.,  38. 

Sec.  7614.  Directors  as  custodians'. — The  directors 
shall  have  charge  of  the  school  affairs  and  of  the  school 
educational  interests  of  their  district,  and  shall  have  the 
care  and  custody  of  the  school  houses  and  grounds,  the 
books,  records,  papers,  and  other  property  belonging  lo 
the  district,  and  shall .  carefully  preserve  the  same,  pr,> 
venting  waste  and  damage;  and  shall  purchase  or  lease 
in  the  corporate  name  of  the  district,  such  schoolhouse 
site  as  may  be  designated  by  a  majority  of  the  legal  vot- 
ers at  the  district  meeting;  shall  hire,  purchase  or  build > 
a  schoolhouse  with  funds  provided  by  the.  district  for 
that  purpose;  and  may  sell  or  exchange  such  site  or 
schoolhouse,  when  so  directed  by  a  majority  of  the  elect- 
ors of  any  legal  meeting  of  the  district. 

.  In  general,  school  property  is  to  be  used  for  the  purpose  of 
education.  It  appears  that  the  legislature  has  not  inhibited  the 
directors  from  permitting  the  schoolhouse  to  be  used  temporarily 
and  occasionally  for  other  purposes. 

iSchool  directors  have  the  care  and  custody  of  schoolhouses 
and  grounds  belomging  to  the  district.  It  is  their  duty  carefully  to 
preserve  the  same,  preventing  waste  and  damage.  They  have  the 
power  to  allow  the  house  to  be  used  for  other  than  school  purpos- 
es, unless  otherwise  directed  by  a  majority  of  the  electors  of  the 
district  in  a  legal  meeting  assembled.  The  electors  of  school  dis- 
tricts in  legal  meeting  have  the  power  to  direct  that  the  Ihouse  be 
used  for  other  than  school  purposes,  provided  it  be  a  legal  purpose. 

The  school  law  makes  it  the  duty  of  the  board  of  directors  to 
fix  a  time  of  beginning  a  school  term.  The  law  gives  the  people'  the 
right  at  the  annual  school  meeting  to  say  how  long  the  school,  shall 
continue  more  than  three  months  in  the  year. 

iSection  7G14  vests  the  power  of  directing  the  sale  or  exchan.^e 
of  the  site  or  the  schoolhouse  in  the  electors  alone,  and  Section 
'7643  authorizes  the  directors  to  permit  the  use  of  tIhe  schoolhouse 
hy  a  private  school  unless  otherwise  directed  by  a  majority  of  the 

108 


DIOEST    OF    SCHOOL   DAWS 

legal  voters  of  the  district.  This  enlargement  of  the  power  of  the- 
electors,  as  set  out  in  Sections  7614  and  7590,  as  to  directing  the 
sale  or  exchange  of  the  site  or  schoolhouse,  must  be  considered  in 
construing  these  sections;  and  the  exercise  of  tlhe  enlarged  power 
must  he  controlled  hy  the  provisions  of  Section  7590;  that  is,  the 
electors  may  act  upon  these  questions  at  the  annual  meeting  or 
an  arjournment  thereof. 

The  common  school  fund  apportioned  hy  the  state  cannot  be 
used  for  building  purposes.  The  law  says  that  no  schoolhouse- 
shall  be  huilt  except  by  money  provided  by  the  district  for  that 
purpose.  This  has  been  construed  literally  that  the  money  must 
be  provided  "by  the  district"  and  "for  that  purpose." 

Directors  have  no  power  to  build  a  schoolhouse  with  funds  of 
the  district  unless  authorized  to  do  so  at  the  annual  school  meet- 
ing, and  a  contract  made  for  such  purpose  under  authority  con- 
ferred by  a  special  meeting  held  in  June,  is  void.  Fluty  v.  School 
District,  49  Ark.,  U. 

If  proper  notice  of  such  action  has  heen  given  in  the  notices 
of  the  annual  sdhool  meeting,  that  meeting  may  select  the  site  for 
schoolhouse,  order  the  board  of  directors  to  purchase  or  lease  such 
site,  and  vote  money  for  building  a  house  thereon,  without  refer- 
ence to  the  number  of  children  in  the  district  or  the  number  of 
Bchoolhouses  already  therein.  This  is  a  matter  entirely  within  the 
discretion  of  the  annual  school  meeting,  and  it  may  be  considered 
thereat,  or  at  an  adjourned  session  thereof,  but  no  special  called 
meeting  of  electors  can  pass  upon  any  of  these  questions. 

It  is  evident  that  the  respective  powers  and  rights  of  directors 
and  electors  are  not  clear.  The  general  principle  is  that  the  whole 
matter  is  left  to  the  sound  discretion  of  tlhe  directors,  subject  to 
a  controlling  direction  on  the  part  of  he  elecors. 

S53.  7615.  They  shall  hire  for  and  in  the  name  of 
the  district  only  such  teachers  as  have  been  licensed  ac- 
cording to  law,  and  employ  no  person  to  teach  in  any 
common  school  of  their  district  unless  such  person  shall 
hold,  at  the  time  of  commencing  his  school,  a  certificate 
and  license  to  teach,  granted  by  the  county  examiner  or 
state  superintendent;  and  they  shall  make  with  such 
teacher  a  written  contract  in  triplicate  form,  specifying 
the  time  for  which  the  teacher  is  to  be  employed,  the 
wages  to  be  paid  per  month,  and  any  other  agreement 
entered  into  by  the  contracting  parties,  and  shall  furnish 
the  teachers  with  a  duplicate  of  contract,  keep  the  origi-^ 

105 


DIGEST    OF    SCHOOL   LAWS 

nal  and  immediately  file  an  exact  copy  of  such  contract 
in  the  office  of  the  county  treasurer  of  the  county  in 
which  the  contract  is  to  be  enforced;  and  the  county 
treasurer  shall  not  pay  the  wrarants  of  any  school  dis- 
trict until  a  copy  of  all  such  contracts  have  been  filed 
with  him. 

REPEALING  CLAUSE. 

That  all  laws  and  parts  of  laws  in  conflict  with  this 
Act  are  hereby  repealed  and  this  Act  to  take  effect  and 
be  in  full  force  from  and  after  its  passage.  Acts  1911, 
Act.  206,  Approved  April  24,  1911. 

The  law  auhorizes  none  but  a  written  contract,  and  parole  ev- 
idence is  not  admissible  to  change  or  contradict  it;  nor  to  show 
that  a  contract  in  writing  was  entered  into  between  the  parties. 
Griggs  V.  School  District  No.  70,  87  Ark.  %,  112  S.  W.,  ^5. 

Parol  evidence  of  the  terms  of  the  contract  is  admissible  to 
show  that  a  contract,  valid  under  the  statute,  has  been  made  by 
and  betweea  the  parties.  (School  District  No.  €8  v.  Allen,  83  Ark. 
494,  104  S.  W.,  172. 

T!he  right  to  select  a  teacher,  fix  his  salary,  and  the  time  for 
the  opening  of  the  school  are  matters  which  belong  exclusively  to 
the  directors.  The  electors  have  no  right  to  direct  upon  any  ques- 
tion connected  with  the  teaching  of  the  school,  save  the  single  one 
of  extending  the  term  of  the  school. 

If  there  will  be  sufficient  funds  in  the  treasury  during  the 
year  for  which  the  contract  is  made  to  maintain  a  school,  then  the 
directors  are  allowed  to  enter  into  a  contract  for  the  same;  other- 
wise they  are  not. 

IDirectors  cannot  make  a  legal  contract  with  a  teacher  who  has 
no  license.  This  negatives  the  right  to  contract  with  a  principal 
teacher  wiho  is  licensed  for  an  amount  of  money  to  be  paid  him, 
out  of  which  he  is  to  pay  the  salaries  of  unlicensed  assistants. 

IDirectors  make  regulations  governing  the  school,  but  are  ad- 
vised to  consult  the  teachers. 

The  acts  of  school  directors  are  corporate  acts.  To  bind  the 
district  it  is  necessary  for  them  to  act  at  a  regular  meeting,  or  a 
called  meeting,  of  which  notice  was  given  to  each  director.  At 
such  meetings  the  act  of  a  majority  of  the  board  is  the  act  of  the 
whole  board. 

110 


DIGEST   OF   SOHOOfL  DA.W1S 

There  is  nothing  in  the  school  law  prohibiting  directors  from 
liaving  a  school  for  less  than  three  months,  unless  the  electors  at 
the  annual  school  meeting  so  dcide. 

Notice  of  a  called  meeting  of  a  board  of  school  directors  must 
be  given  in  writing  to  each  member  of  sudh  board,  and  must  state 
the  time,  place  and  purpose  of  the  meeting.  When  two  directors 
meet  at  a  called  meeting  from  which  the  third  director  is  absent 
without  having  received  legal  notice  of  the  meeting,  the  direcotrs 
present  have  no  authority  to  bind  the  district  by  employing  a 
eacher.     Burns  v.  Thompson,  64  Ark.,  489. 

•A  board  of  school  directors  empowered  by  statute  without  any 
limitation  to  employ  a  superintendent  of  schools  may  make  a  con- 
tract for  a  superintendent  for  a  term  beginning  after  some  mem- 
bers of  the  board  go  out  of  office.  Gates  v.  School  District  of  Fort 
Smith,  53  Ark.,  468. 

This  decision  appMes  to  all  teachers  employed  in  the  school  as 
well  as  to  the  superintendent. 

The  school  district  being  a  body  corporate,  may  sue  and  be 
sued  in  any  court  of  the  state  having  competent  jurisdiction.  Or- 
dinarily, school  directors  are  not  liable  in  official  contracts,  nor  are 
they  individually  liable  for  the  debts  of  the  district  when  contracted 
pursuant  to  law.  However,  they  may  by  fraud  or  neglect  of  duty 
*be  subject  to  a  common  law  liability. 

Directors  are  charged  with  the  educationial  affairs  of  their  dis, 
tricts,  and  are  clothed  with  considerable  authority  and  discretion. 
They  should  see  that  the  schools  are  not  too  much  crowded.  They 
have  the  power  to  fix  the  school  limits,  and  to  aasign  scholars  to 
particular  schools.  In  doing  so,  they  should  exercise  sound  discre- 
tion and  serve  the  best  interests  of  all  concerned. 

The  contracts  made  by  a  board  of  directors  are  good,  though 
it  should  turn  out  that  the  directors  are  disqualified  to  ho!d  office. 
They  are  de  facto  officers. 

Sec.  7616.  They  may  not  employ  relative  except 
by  petition. — Hereafter  all  school  directors  and  men"»- 
T^ers  of  the  boards  of  trustees  of  public  and  agricultural 
schools  are  hereby  prohibited  from  employing  any  person 
as  teacher  in  said  schools  related  to  them  by  consanguini- 
ty or  affinity  within  the  fourth  degree;  unless  two-thirds 
of  the  patrons  of  said  schools  shall  petition  them  to  'lo 
so.  Any  director  or  directors  or  member  or  members  of 
the  board  of  trustees  of  said  public     or     agricultural 

111 


DIGEST  OF  SClHOOiL  LAJWS 

schools  violating  this  section  shall  upon  conviction  be 
fined  in  any  sum  not  less  than  ten  dollars  nor  more  than 
fifty  dollars  and  in  addition  thereto  shall  be  suspended 
from  office.     (Act  206,  Approved  March  24,  1913.) 

This  act  ine9,ns  two-thirds  of  the  patrons  residing  in  a  school 
district  and  not  those  in  the  vicinity  of  a  certain  school.  The  word 
"school"  here  applies  to  the  entire  school  district.  The  word 
"patron"  applies  to  those  who  are  electors,  who  pay  taxes,  or  who 
send  children  to  school,  and  includes  widows  who  have  children  of 
school  age  land  widows  or  spinsters  who  pay  taxes. 

A  teacher  must  have  a  petition  signed  hy  two-thirds  of  all  the 
patrons  in  the  whole  district  at  the  time  he  may  he  employed  by  a 
hoard,  any  memher  of  which  is  related  to  him,  it  will  not  be  suffi- 
cient to  secure  petition  after  contract  is  made. 

Third  cousins  are  related  within  fourth  degree  of  con-sanguin. 
Ity.  In  the  aibsence  of  a  petition  signed  hy  a  majority  of  the  patrons 
of  the,  school  requesting  the  employment  of  a  relative  of  the  di- 
rectors, they  will  he  enjoined  from  entering  into  a  contract  with 
a  person  who  is  thus  related  to  either  of  the  directors.  Holt  v. 
Watson,  71  Ark.  90,  71  S.  fW.  26i2. 

Sec.  7617.  Money  necessary  to  employ  teacher. — 
It  shall  be  unlawful  for  any  directer  or  board  of  di- 
rectors in  any  school  district  in  this  state  to  employ  a 
teacher  to  teach  a  school  in  any  district  in  this  state  un- 
less said  district  has  money  to  its  credit  in  the  treasury 
of  the  county  in  v^hich  said  district  is  located,  to  pay 
said  teacher  for  such  work ;  provided,  that  if  the  amount 
ox  taxes  to  be.  paid  in  by  the  collector  of  any  county  shaJl 
be  sufficient  to  have  a  school  taught  in  any  district  in 
\".^hich  such  taxes  are  to  be  paid,  then  the  directors  shall 
have  the  power  to  employ  teachers  to  teach  a  school  in 
such  district;  provided  further,  that  a  majority  of  the 
patrons  of  any  school  district  in  this  state  shall  at  all 
times  have  the  right  to  petition  said  board  of  directors  to 
employ  a  teacher  and  cause  a  school  to  be  taught  in  any 
district  whenever  they  so  desire;  provided  further,  that 
said  directors  do  not  pay  more  for  services  of  said  teach- 

.  112 


DIGEST   OF   eOHOOL  LIAWIS 

er  than  would  be  necessary  to  pay  said  teacher  for  said 
service,  if  said  money  were  in  treasury.  That  any 
board  of  directors  violating  this  law  shall  be  fined  in  any 
sum  not  less  than  ten  nor  more  than  one  hundred  dol-- 
lars. 

In  case  there  is  money  in  the  treasury  to  the  credit  of  th6  dls-. 
trict,  sufficient  to  maitain  a  school,  and  available  for  that  purpose^ 
or  a  tax  voted  which,  when  collected,  will  be  sufficient  to  defray  tHa 
expenses  of  the  school,  and  the  directors  make  no  provision  lor 
having  one  taught,  the  right  of  petition  for  a  school  is  given  to  tHa 
patrons  of  the  district  by  the  above  act. 

Sec.  7618.  The  term  ''month'"  defined, — The  term 
"month"  however  it  occurs  in  any  section  of  this  act, 
shall  be  construed  to  mean  twenty  days,  or  four  weeks 
of  five  days  each.     {Act  December  7,  1875,  Sees.  58-62.) 

Sec.  7619.  They  may  insure  school  buildinys, — 
The, officers  of  special  and  common  school  districts  arQ 
authorized  and  empowered  to  insure  school  buildings  of 
their  respective  districts  and  to  use  sufficient  funds  of 
their  districts  to  do  so.     (Act  March  3,  1903.) 

Sec.  7620.  Directors  may  buy  apparatus. — The  di- 
rectors of  school  districts,  other  than  special  school  dis- 
tricts, may  expend  annually,  out  of  the  common  school 
fund,  not  more  than  twenty-five  dolars  during  any  one 
year  for  any  school  under  their  control  for  maps,  charts, 
globes,  dictionaries  and  other  apparatus  necessary  to  the 
progress  of  the  school;  provided,  said  maps,  charts, 
globes,  dictionaries  and  other  apparatus  meets  the  ap- 
proval of  the  state  superintendent  in  price  and  merit; 
provided  further,  that  said  expenditure  be  authorized  by 
a  majority  of  the  qualified  electors  of  any  school  district 
making  said  purchases  at  the  annual  school  election  pre- 

113 


BIQBST   OF   SCHOOL.  liAWIS 

movLs  to  said  expenditure.   (As  amended  by  Act  of  Febru- 
ary 22,  1899.     See  comments  under  Sec.  7625.) 

Sec.  7621.  Directors  may  choose  books. — The  di- 
rectors of  each  school  district  in  this  state  shall  adopt 
«nd  cause  to  be  used  in  the  public  schools  of  their  re- 
«pective  districts  one  series  of  text  books  in  each  branch 
"or  science  taught  in  the  public  schools  of  their  respect- 
ive districts,  and  no  changes  in  these  books  shall  be  made 
for  a  period  of  three  years,  unless  it  be  by  a  petition  of 
a  majority  of  the  voters  of  the  district  desiring  the 
change.     (Act  March  11,1881,  Sec.  2.) 

This  section  is  virtually  repealed  by  the  county  uniformity  law. 

Sec.  7622.  Directors  to  see  that  physiology  and  hy- 
giene are  taught. — Physiology  and  hygiene,  which  must 
in  each  division  of  the,  subject  thereof,  include  .special 
reference  of  the  effect  of  alcoholic  drinks,  stimulants 
and  narcotics  upon  the  human  system,  shall  be  included 
in  the  branches  of  study  now  and  hereafter  required 
to  be  regularly  taught  and  studied  by  all  the  pupils  in  the 
^common  schools  of  this  state,  and  it  shall  be  the  duty  of 
the  board  of  directors  and  county  examiners  to  see  to 
the  observance  of  this  statute  and  make  provisions 
therefor.     (  ict  March  10,  1899,  Sec.  1.) 

Sec.  7622-a.— Robert  E.  Lee  Day. — That  the  nine- 
teenth of  January,  the  birthday  of  Robert  E.  Lee,  shall 
be  observed  in  all  the  public  schools  of  this  state  as  a  day 
for  patriotic  exercises  and  the  study  of  the  history  and 
achievements  of  Arkansas  men.  (Acts  1905,  Act  35, 
Approved  Feb.  14,  1905.) 

Sec.  7622-6. — Superintendent  to  prepare  program 
for  'exercises. — The  state  superintendent  of  public  in- 
ststruction  is  heTeby  authorized  to  prepare  and  publish 

114 


DIGEST    (W   SOHOOiL  L1A.WIS 

.^annually  for  use  in  all  public  schools  of  the  state,  a  pro- 
gram of  exercises  dealing  with  events  in  the  life  of  Gen- 
eral Lee  and  other  distinguished  men,  giving  attention 
also  to  the  achievements  and  work  of  eminent  men  who 
have  served  this  state  in  civil  and  military  life.  (Acts 
1905,  Act  35,  Approved  February  14,  1905.) 

Sec.  7622-c. — Heads  of  schools    to     aid    in    work. 

0.  It  shall  be  the  duty  of  county  examiners,  city  super- 
intendents and  principals  of  schools  to  aid  in  carrying 
on  this  work,  and  they  shall  arrange  the  exercises  of 
their  various  schools  in  accordance  with  the  provisions 
of  this  act.  This  act  shall  be  in -full  force  and  effect 
from  and  after  its  passage. 

Sec.  7622-d. — Elementary  Agriculture  to  be  taught, 

1.  That  school  directors  of  the  various  school  districts 
of  the  State  of  Arkansas  are  hereby  directed  and  rt^- 
quired  to  require  all  persons  teaching  in  the  public 
schools  of  this  state  to  teach  elementary  agriculture  and 
horticulture  in  their  schools.  (Acts  1911,  Act  315.  Ap- 
proved M(^y  31,  1911.) 

Sec.  7622-e. — To  adopt  some  text  on  subject,.  2. 
That  all  authorities  empowered  by  statute  to  adopt  text 
books  for  use  in  their  public  schools  of  this  state  are 
hereby  directed  and  required  to  select  and  adopt  some 
suitable  elementary  text  book  on  the  subject  of  agri- 
culture and  horticulture  to  be  used  in  the  public  schools 
of  their  respective  counties  or  districts. 

Sec.  7622-/". — Duty  of  county  examiner.  3.  That 
it  shall  be  made  the  duty  of  the  county  examiner  of  each 
and  every  ,county  in  the  state  to  see  that  every  public 
school  district  in  the  various  counties  of  this  state  have 


115 


DIGEST  OF  SCHOOLi  LAIWS 

in  their  posession  the  text  book  on  elementary  agricul- 
ture and  horticulture  adopted  for  use  in  their  respective- 
C'^unties  or  districts. 

Sec.  7622-5r. — To  see  that  act  is  enforced,  4.  That- 
it  shall  be  the  duty  of  each  and  every  county  examiner- 
to  see  that  the  provisions  of  this  act  be  enforced. 

Sec.  7622-/^. — Penalty  for  failure  to  enforce  act. 
5.  That  any  county  examiner,  school  director  or  other 
officer  having  authority  to  enforce  the  provisions  of  this 
act,  shall  neglect  or  refuse  to  enforce  the  same,  shall  for- 
feit to  the  district  so  neglected  or  refused,  the  sum  of 
twenty-five  dollars,  said  sum  to  be  added  to  the  school 
fund  of  said  district,  which  may  be  recovered  by  action 
brought  against  him  at  the  instance  of  any  elector  in 
said  neglected  or  refused  district. 

Repealing  Clause  :    All  laws  and  parts  of    laws    in  > 
conflict  herewith  be  and  they  are  hereby  repealed.    That 
this  law  take  effect  ten  months  after  its  passage. 

Sec.  7623.  They  shall  furnish  register. — They  shall 
procure  from  the  county  examiner,  and  furnish  the 
teacher  at  the  commencement  of  the  term,  a  register  for 
his  .school,  and  require  the  said  teacher  to  report,  in  said 
register,  at  the  close  of  the  school  term,  the  number  of 
days  of  the  said  term,  the  name  and  age  of  each  pupil, 
the  date  on  which  each  entered  the  school,  the  separate 
days  on  which  each  attended,  the  whole  number  of  days 
each  attended,  the  studies  each  pursued,  the  total  num- 
ber of  days  all  pupils  attended,  the  average  daily  at- 
tendance and  the  number  of  visits  received  from  the 
directors  during  the  said  term.  (Act  December  7,  1875^„ 
Sec.QB. 


116 


DIGEST   OF    SCHOOL.  liAWlS 

The  keeping  of  this  register  according  to  all  its  requirementa, 
':perfected  and  complete,  is  compulsory  upon  the  teacher,  and  he  can 
pot  draw  his  last  month's  wages  until  this  duty  is  performed.    See 
Sec.  7656. 

Sec.  GFBD..  They  must  visit  .schools. — They  shall 
visit  the  schools  at  least  once  each  term,  and  encourage 
the  pupils  in  their  studies,  and  give  such  advice  to  the 
teacher  as  may  be  for  the  benefit  of  teacher  and  pupils. 

Sec.  7625.  Annual  report  to  electors — Contains 
what. — They  shall  submit  to  the  district,  at  the  annual 
meeting,  an  estimate  of  the  expenses  of  the  district  for 
that  year,  including  the  expenses  of  a  school  for  the 
term  of  three  months  for  the  next  year,  after  deducting 
the  probable  amount  of  school  moneys  to  be  apportion- 
ed to  the  district  for  that  school  year,    and    shall    also 

-submit  an  estimate  of  the  expenses  per  month  of  con- 
tinuing the  school  beyond  the  term  of  three  months,  and 

<of  whatever  else  may  be  necessary  for  the  comfort  and 
advancement  of  the  said  school. 

As  a  guide  to  the  electors  in  voting  the  tax  in  the  annual 
^school  meeting  the  directors  are  required  to  submit  to  them  at  that 
"  lueetlng  an  estimate  oif  the  amount  of  revenue  necessary  to  meet 
-expenses  of  the  district  for  the  year  to  follow. 

A  tax  voted  for  a  specific  purpose  can  be  used  for    no    other; 
'thus  a  tax  voted  for  building  purposes  or  for  teachers'  salaries  must 
be  applied  to  tlie  purpose  mentioned. 

If  there  be  a  fund  left  over  at  the  end  of  the  fiscal  year,  tiM 
•  electors  may  at  any  annual  meeting  divert  this  balance  from  Itl 
•original  purpose  and  appropriate  it  to  some  other. 

If  the  tax  is  voted  for  general  purposes,  without  any  direction 

on  the  part  of  the  electors  as  to  its  expenditure,  the  directors  would 

be  authorized  to  use  the  same  for  the  actual  expenses  necessary  to 

-^e  maintenance  of  the  school,  except  that  no  part    of    the    same 

could  be  used  for  building  purposes. 

Incidental  expenses,  such  as  fuel,  stoves,  blackboards,  crayon, 
♦^tc,  are  necessary  expenses,  and  directors  are  authorized  to  draw 
■^warrants  on  the  common  school  fund  to  meet  such  expen-ses,  if  no 

117 


DIGEST    OF    SCHOOL   LAWS 

provision  is  made,  for  them  in  tlie  estimate  submitted  by  the  cH- 
rectors  in  the  annual  meetin. 

If  any  part  of  the  common  school  fund  is  to  be  spent  in  th»- 
ipurchase  of  maps,  ^globes,  charts,  etc.,  the  estimate  should  so  state, 
and  directors  are  limited  to  the  amount  therein  mentioned. 

The  electors  may  by  vote  authorize  the  directors  to  expend  not. 
«xce^eding  twenty-.five  dollars  out  of  the  common  school  fund  in  tne 
purchase  of  supplies  mentioned  above. 

A  failure  of  the  directors  to  submit  the  estimate  of  school  ex» 
penses  as  required  in  Section  7625  of  the  school  law  is  a  finable  or- 
fense.    See  'Section  7G11  of  the  school  law. 


Sec.  7626.     They  shall  appear   for   district. — They 
shall,  in  all  suits  and  actions  at  law  brought  ly  or  against 
th^  ir  district,  appear  for  and  in  behalf  of  said  district.. 
prodded,  they  shall  have  no  other  directions  or  instruc- 
tions by  a  lawful  meeting  of  the  electors  of  their  district. 

The  law  makes  it  obligatory  on  directors  to  appear  in  behalf  or 
tire  district  in  all  suits  brought  by  or  against  the  district.  This  car- 
ries with  it  the  right  to  employ  a  lawyer  and  to  pay  him  out  of  th© 
echool  funds,  unless  they  have  other  instructions  from  the  lawtui. 
meeting  ol  the  electors  of  the  district.  The  county  treasurer  cannot 
refuse  to  pay  a  warrant  properly  drawn  and  signed  by  two  directors 
ifor  such  a  purpose. 

Sec.  7627.  They  shall  draw  warrants. — They  shall 
draw  orders  on  the  treasurer  of  the  county  for  the  pay- 
ment of  wages  due  teachers,  or  for  any  lawful  purpose, 
and  they  shall  state  in  every  such  order  the  services  or 
consideration  for  which  the  order  is  drawn,  and  the 
name  of  the  person  rendering  such  service;  but  they 
shall  not  draw  any  order  on  the  county  treasurer  for  the 
payment  of  the  wages  of  any  teacher  not  licensed. 

When  the  county  treasurer  is  notified  by  the  county  examiner 
that  a  certain  person  has  no  license  to  teach  in  that  county,  it  i& 
the  duty  of  the  treasurer,  when  that  person  presents  a  warrant 
drawn  on  the  funds  of  some  fSchool  District  in  the  county,  to  ascer- 
tain whether  such  party  has  a  license  to  teach,  and  if  not  to  refua# 
payment.    Arnold  v.  State,  71  Ark.  372,  74  S.  W.  513. 

"  118 


DIEGIE6T    OF    SCHOOiL  IJA.W1S 

Sec.  7628.  Treasurer  shall  pay  warrants. — When 
-the  warrant  of  any  board  of  directors,  properly  drawn, 
is  presented  to  the  treasurer  of  the  proper  county,  he 
•shall  pay  the  same  out  of  any  funds  in  his  hands  for  that 
purpose  belonging  to  the  district  specified  in  said  war- 
rant. 


Every  teacher,  whether  as  principal  or  assistant,  must  he  elect, 
ed  by  the  hoard  of  directors ;  every  such  person  must  have  a  HcenBie. 
from  the  county  examiner  or  state  superintendent,  and  every  aucH 
[person  must  have  a  written  contract.  County  treasurers  are  war* 
ranted  to  demand  the  contract  of  every  teacher  or  assistant  who 
presents  a  warrant  for  the  payment  of  wages  from  the  puhlic  sx^ooli 
funds.  If  the  warrant  shows  that  its  holder  is  principal,  and  tHai 
the  amount  specified  on  its  face  is  for  the  payment  of  the  wages  ot 
assistants,  or  if  it  is  proven  to  the  treasurer  that  such  is  the  oaae» 
he  should  refuse  to  pay  the  same  as  a  violation  of  Section  7615.  The 
tieasurer  may  also  refuse  to  pay  the  warrant  of  any  teacher  wHo 
ha.s  not  been  licensed.  The  words,  "properly  drawn,"  in  this  s-ection 
trefer  back  to  the  inhibitions  of  Section  7615  and  of  iSection  7€a7, 
and  the  treasurer  should  exercise  great  oare  in  the  matter  of  i>aylng 
these  doubtful  warrants. 

School  warrants  may  be  issued  by  two  directors.  Crain  v.  State, 
45  Ark.,  460. 

A  warrant  which  has  been  merged  into  a  judgment  is  not  sueh 
a  warrant  as  the  treasurer  is  authorized  to  pay  in  satisfaction  of 
the  judgment.  The  warrant  must  specify  for  what  the  money  1b 
fbeing  paid.    Ferrell  v.  Laughinghouse,  87  Ark.  381,  112  S.  W.  894. 

Treasurers  are  required  to  pay  all  warrants  properly  drawn,  II 
there  is  money  in  the  treasury  to  the  credit  of  the  district,  belong- 
Ing  to  the  fund  on  which  the  warrant  is  drawn.  If  the*  tax  wa« 
voted  for  general  purposes,  the  treasurer  would  be  authorized  to 
pay  all  warrants  drawn  on  a  fund  so  voted,  for  teachers'  salaries 
and  other  necessary  expenses.  Each  warrant  should  specify  for 
what  service  or  consideration  it  was  drawn. 

Sec.  7629.  They  shall  give  notices  of  meeting, — 
The  directors  shall  give  notice  of  each  annual  meeting, 
by  posting  notices  thereof,  at  least  fifteen  days  previous 
to  such  meeting,  in  three  or  more  conspicuous  places 
within  the  district ;  but  it  shall  not  be  lawful  for  a  dis- 
trict, at  any  annual  meeting,  to  fix  a  site  for  a  schooi- 
iiouse,  or  to  raise  money  for  building   or  purchasing  A 

119 


DIGEST   OF   S'OHOOL  DAWIS 

ischbolhouse,  unless  the  directors  shall  have  particularly 
set  forth  in  the  previous  notice  given  of  such  meeting 
that  these  matters  were  to  be  submitted  for  their  con- 
sideration and  action. 

It  is  the  duty  of  the  directors  to  designate  the  place  of  the  an- 
nual meeting,  and  notice  of  the  time  and  place  is  essential  to  the 
validity  of  a  tax  voted  at  such  meeting.  But  the  statute  designates 
the  time,  and  all  are  bound  to  take  notice  of  it.  If  notice  of  the 
place  be  given,  the  meeting  will  be  legal,  though  the  time  be  not 
specified  in  the  notice.  Hodgkin  v.  Fry,  33  Ark.,  716.  A  notice  giv- 
en by  two  of  the  directors  is  sufficient.  Holland  v.  Davies,  36  Ark., 
446;  Davies  v.  Holland,  43  Ark.,  425. 

Where  a  meeting  of  a  school  district  is  held  for  a  special  pur- 
pose, all  that  is  necessary  in  the  form  of  the  notice  is  that  it  should 
be  ,so  expressed  that  the  inhabitants  of  the  district  may  fairly  un- " 
derstand  the  purpose  for  which  they  are  convened. 

Sec.  7630.  Clerk  shall  keep  records  and  make  re- 
port— ^One  of  the  directors  shall  act  as  clerk  at  all  dis- 
trict meetings,  shall  keep  a  record  of  the  proceedings 
thereof  in  a  book  provided  for  that  purpose,  or,  if  absent, 
shall  transcribe  into  said  book  the  minutes  kept  by  the 
clerk  pro  tempore,  and  signed  by  the  chairman,  as  so 
much  of  the  authenticated  records  of  the  district;  and 
he  shall  enter  on  the  said  book  copies  of  all  his  reports 
to  the  county  clerk  and  the  county  examiner. 

At  the  first  meeting  of  the  board  after  the  annual  election, 
tliere  should  be  a  regular  organization  of  the  board  by  the  election 
of  a  president  and  a  secretary  to  serve  for  one  year.  This  is  abso. 
lately  necessary,  in  order  that  the  work  of  the  board  may  be  trans- 
acted in  a  business  like  manner,  and  a  correct  and  permanent 
record  of  its  proceedings  be  kept. 

There  is  no  authority  for  the  directors  of  a  common  school 
district  to  employ  one  of  their  number  as  clerk  and  pay  him  a 
salary  for  the  services  thus  rendered.  Clark  v.  School  District  No. 
16,  84  Ark.  519,  106  S.  W.  677. 

Sec.  7QSl....derk's  report. — Shall  contain  what. — 
He  shall  keep,  in  a  book  provided  for  that  purpose,  the 

120 


DIGEST    OF    SC?HOOL  LiAWlS 

accounts  of  the.  district,  by  debits  and  credits,  including 
the  accounts  with  the  county  treasurer,  and  shall  present 
the  same  to  each  annual  meeting,  showing  the  current  ex- 
penses for    the    year,    for    schoolhouses,    outbuildings, 
fences  with  which  to  inclose    a    schoolhouse     site,    for 
stoves,  wood,  maps,  charts,    blackboards,    a    dictionary, 
and  other  necessaries  for  a  school,  and  stating  the  num- 
ber of  days  the  directors  have  been  necessarily  employed 
in  the  performance  of  their  duties  as  directors;  the  date 
-of  each  order  drawn  by  them  on   the   county  treasurer, 
,and  for   what    services     or    consideration,     for     what 
.amounts  and  in  whose  favor,  exihibiting  vouchers  there- 
for; a  statement  of  the  indebtedness  of  the  district,  and 
.  also  of  the  surplus  moneys,  if  any,  in  the  county  treas- 
ury belonging  to  the  district  at   the   commencement   of 
i;he  year;  the  amount  of  taxes  levied  on  the  district  for 
,  school  purposes  within  the  year ;  the  different  purposes 
for  which  said  taxes  were  levied,  and  the  amount  levied 
for  each  purpose.    If,  on   examination,   the    report    be 
found  .correct  the  chairman  of  the  meeting  shall  approve 
the  same,  and  order  that  it  be  filed  with  the  records   of 
the  district. 

The  directors  of  a  common  school  district  have  the  power  to 
make  contracts  for  the  purchase  of  those  articles  which  are  clearly 
necessary  to  be  provided  in  order  that  a  school  may  be  carried  on 
.  and  taught,  and  this  includes  the  purchase  of  desl^s  wh^n  necessary 
for  that  purpose.  A.  H.  Andrews  &  Oo.  v.  Delight  Special  School 
District,  95  Ark.  26,  128  S.  W.  363. 

Sec.  7632.  Directors  shall  report  to  county  clerk. — 
The  directors  shall,  within  ten  days  after  any  school 
meeting,  report  to  the  clerk  of  the  county  so  much  of 
the.  proceedings  of  said  meeting  as  pertains  to  the  elec- 
-  tion  of  officers ;  and  they  shall,  on  or  before  the  first  day 
.  of  October  in  each  year,  furnish  to  the  clerk  so  much  of 
dhe  copy  of  their  record,  attested  by  the  chairman  of  the 

121 


DilGiEST   OF   iSiCiHOOIL  LiA^WlS 

meeting,  as  shows  the  amount  of  money  voted  to  be* 
raised  by  the  district  for  school  purposes  at  the  annual 
meeting. 

Sec*  7633.  Annual  report  to  examiner — Contains^ 
what. — The  directors  shall,  annually,  between  the  first 
and  twentieth  days  of  July,  transmit,  verified  by  their" 
affidavit  to  the  county  examiner,  a  written  report,  in 
proper  form,  of  the  name  of  their  county;  of  the  number 
of  their  district;  the  names  and  ages  of  all  persons  be- 
tween the  ages  of  six  and  twenty-one  years,  residing  in 
their  district  on  the  first  day  of  July;  the  number  of 
males  and  females  respectively  of  each  color  that  attend- 
ed the  common  schools  during  the  last  school  year;  the 
average  number  of  each  sex  that  attended  daily;  the 
number  that  pursued  each  of  the  studies  designated  to 
be  taught  in  the  common  schools  of  this  state;  the  num- 
ber of  times  the  school  was  visited  each  term  by  the 
directors;  the  number  of  days  the  school  was  taught 
during  the  year  by  a  licensed  teacher ;  the  name  of  each 
teacher ;  the  grade  of  his  certificate ;  the  wages  paid 
each  teacher  per  month ;  and  the  whole  amount  of  wages 
paid  teachers  during  the  year.  They  shall  include  in 
their  report  the  amount  of  taxes  voted  by  the  district 
during  the  last  school  year,  for  what  purpose  voted,  and 
the  amount  voted  for  each  purpose;  the  amount  drawn 
from  the  county  treasury  for  each  purpose  for  Which 
money  was  raised  by  district  tax  th^  previous  year;  the 
amount  .of  revenues  received  from  the  common  school 
fund,  and  the  amount  received  from  each  of  the  various 
other  sources  from  which  school  revenues  are  derived; 
the  amount  of  each  kind  of  revenue  remaining  in  the 
county  treasury  and  subject  to  the  order  of  the  district; 
the  number  of  schoolhouses  erected  during  the  year,  and 
the  cost  and  material  of  each;  the  number,  the  material,.. 

122 


DIGEST    OF   6CHOOIL  LAWS 

the  condition  and  the  value  of  those  before  erected,  and 
the  value  of  all  other  property  belonging  to  the  district; 
the  condition  of  the  schoolhouse  grounds  and  wheth(*r 
the  said  grounds  are  enclosed;  also  name,  age  and  post- 
office  of  deaf,  dumb,  blind  and  insane  in  each  districi:, 
including  all  who  are  blind  or  deaf  to  such  an  extent  as 
not  to  be  educated  in  common  schools;  and  they  shixil 
record  the  said  report  in  the  proper  place  in  the  district 
book  in  which  the  current  record  of  the  proceedings  of 
the  district  is  kept.  (As  amended  by  Act  of  April  23, 
1901.) 

Sec.  7634.  Penalty  for  false  oath. — The  annual 
and  enumeration  reports  of  the  directors  of  the  various- 
school  districts  of  the  state  of  Arkansas  shall  be  good 
under  their  official  oaths,  when  signed  by  them  officially  ; 
provided,  that  any  director  or  school  officer  who  certifies 
falsely  to  any  such  report  shall  be  guilty  of  a  misdemeai- 
or,  and  fined  in  any  sum  not  less  than  five  dollars  ($5.00) 
nor  more  than  twenty-five  dollars  ($25.00.) 

Sec.  7635.  They  are  liable  for  neglect  of  duty. — 
If  the  directors  of  any  district  fail  or  neglect  to  make 
a  report  of  the  enumeration,  statistics  and  finances  of 
their  district  at  the  time  and  in  the  manner  prescribed 
in  the  preceding  section,  the  said  directors,  in  addition 
to  their  forfeiture  for  neglect  of  duty,  shall  severally  be 
liable  for  any  damages,  including  the  costs  of  the  suit, 
that  the  district  may  sustain  by  reason  of  losing  the 
school  revenues  that  would  otherwise  have  been  appro- 
priated to  them. 

Sec.  7636.  They  shall  settle  with  county  treasurer. 
— They  shall,  at  the  close  of  the  school  year,  settle  with 
the  county  treasurer,  and  ascertain  what  moneys,  if  any^ 


123 


DIGEST    OF    SCHOOL   LdAWK 

to  which  their  district  may  be  entitled,  and  the  amounts 
severally  thereof  that  are  in  the  county  treasury  and 
subject  to  be  drawn  by  their  district. 

Sec.  7637.  They  may  suspend  pupil. — The  direct- 
ors of  any  school  district  may,  at  the  instance  of  the 
teacher,  suspend  from  the  school  any  pupil  for  gross  im- 
morality, refractory  conduct  or  insubordination,  or  for 
infectious  disease.  Provided,  such  suspension  shall  not 
extend  beyond  the  ^current  term. 

Wholesome  discipline  is  absolutely  nec€S.sary  to  the  success  ot 
jany  sdhool.  Any  conduct  on  the  part  of  a  pupil  that  tends  to 
demoralize  other  pupils  and  to  interfere  with  the  proper  and  suc- 
ces'ful  management  of  the  school,  that  is,  to  impair  the  discipline 
'Which  the  teacher  and  the  board  shall  consider  necessary  for  the 
best  interests  of  the  school  may  subject  the  offending  one  to  the 
punishment  prescribed  by  this  statute.  Being  drunk  and  disorderly 
in  violation  of  a  town  ordinance  is  sufficient  cause  for  the  infliction 
of  the  punishment.  Douglas  v.  Campbell,  89  Ark.  258,  116  S.  W. 
211. 

Bona  fide  residence  in  a  school  district  entitles  one  to  school 
privileges  for  his  children  or  wards.  The  fact  that  the  children 
were  not  included  in  the  enumeration  for  the  year  does  not  deprive 
them  of  this  privilege.  However,  parents  are  not  entitled  to  school 
privileges  in  two  or  more  districts  in  the  same  year,  when  a  re- 
moval is  made  solely  for  this  purpose. 

The  power  of  suspension  rests  with  the  school  board,  though  in 
extreme  cases,  the  teacher  would  he  justified  in  dismissing  a  pupil 
from  the  school,  pending  the  action  of  the  board,  provided  the  at- 
tention of  the  board  is  at  once  called  to  the  matter. 

In  cases  where  suspension  of  a  pupil  may  be  deemed  necessary 
by  the  board,  care  should  be  exercised  that  neither  prejudice  nor 
malice  actuate  the  board  in  its  conduct.  The  important  question 
to  be  considered  is  the  good  of  the  school.  The  acts  of  the  board 
in  all  such  cases  are  considered  to  be  without  malice  or  prejudice, 
and,  in  order  that  they  may  be  held  responsible  for  any  injury  done 
the  pupil  by  suspension,  it  will  be  necessary  that  the  contrary  be 
proved. 

In  cases  of  contagious  or  infectious  disease  it  has  been  uni- 
formly held  that  a  school  board  is  authorized  to  deny  to  a  person 
ipfected  or  exposed  to  the  disease  the  right  to  school  privileges 
till  the  danger  of  such  infection  or  exposure  is  past.  In  many  states 
the  supreme  court  has  ruled  that  requiring  persons  who  wish  to  at- 

124 


DIGEST    OF   SCHOOL   LiAWlS 

tend  school  to  be  vaccinated  is  a  reasonable  requirement,  in  case 
tiiere  is  danger  of  a  spread  of  smallpox  in  a  community,  and  that 
the  board  may  deny  to  anyone  who  refuses  to  comply  with  such  re- 
quirement the  right  to  attend  school  until  the  danger  is  past. 

(  Albsence  and  tardiness  are  the  bane  of  many  schools,  and  rules 
exacting  reasonable  excuses  from  the  parent  or  guardian  of  chil- 
dren who  are  .guilty  of  this  fault  are  just  and  proper.  A  failure  ot 
a  parent  or  guardian  to  comply  with  such  rule  may  subject  th& 
child  to  suspension. 

The  right  to  administer  corporal  punishment  is  not  denied  to 
the  teacher  under  our  law,  though  the  drift  of  sentiment  among 
educators  is  away  from  such  method  of  discipline.  If,  in  the  judg- 
ment of  ;the  teacher,  the  rod  must  be  used,  the  offense,  the  condi- 
tion and  temperament  of  the  child,  the  extent  of  the  punishment — 
all  should  be  considered  in  advance.  In  the  Illinois  school  laws 
and  decisions  the  following  excellent  summary  of  the  subject  may 
be  found: 

»  "The  opinions  of  the  highest  judicial  tribunals  and  eminent 
jurists  concur  in  respect  to  the  propriety  and  necessity  of  granting 
school  teachers  the  authority  to  inflict  corporal  punishment  in  cer- 
tain cases,  and  of  protection  to  them  in  the  prudent  and  reasonable 
exercises  of  such  authority  either  to  promote  the  welfare  of  th'© 
child  or  of  the  whole  school.  Teachers  are,  however,  held  to  a  just 
accountability  for  the  abuse  of  the  power  conferred." 

I  The  teacher's  jurisdiction  over  the  pupil,  as  expressed  by  vari- 
ous supreme  courts  is,  that  this  control  covers  the  time  from  the 
fleaving  home  on  the  part  of  the  pupil,  until  his  return  thereto.  It 
has  also  been  held  that  the  teacher  may  take  the  pupil  to  task  for 
any  misconduct  committed  at  any  time  or  place,  the  result  of  which 
may  prove  subversive  of  the  authority  of  the  teacher  or  directly 
detrimental  to  the  best  interests  of  the  school. 

'Directors,  not  teachers,  give  holidays.  • 

It  should  be  borne  in  mind  the  rule-making  power  rests  with 
the  school  board.  The  members  of  the  board  are  selected  from  the- 
community  and  are  supposed  to  represent  the  best  type  of  citizen- 
ship of  the  community.  In  their  hands  is  placed  the  control  of  the 
schools  of  the  district,  and  to  their  judgment  the  welfare  of  the- 
same  is  entrusted.  The  rules  by  them  made  for  the  government 
of  the  school  are  taken  to  be  reasonable  and  equable,  and  will  be  so 
held  by  the  courts,  unless  the  contrary  is  shown.  Pupils  are  ex» 
pected  to  abide  by  these  rules,  and  the  fact  that  a  pupil  is  enrolled 
in  the  school  is  taken  as  a  tacdt  agreement  on  his  part  to  be  obedi- 
ent to  them.  Insubordination  constitutes  a  just  cause  for  the  sus- 
pension of  any  pupil. 

Sec.  7638.     Older  persons  may  attend, — They  may 

125 


DIGEST   OF   SCHOOL  LAWS 

permit  older  persons  to  attend  the  school  under  such  reg- 
ulations as  they  may  deem  proper. 

It  has  also  been  held  that  the  directors,  unless  there  be  In- 
struction to  the  contrary  from  the  electors  in  the  annual  school 
meeting,  may  admit  non-resident  pupdls  to  the  privileges  of  the 
school.  If  this  be  done  the  rate  of  tuition  should  not  be  less  than 
the  per  capita  paid  for  the  education  of  th-e  children  resident  in  tne 
•district.  Directors  should  in  no  case  allow  the  admission  of  non- 
resident pupils  to  the  disadvantage  of  the  pupils  who  are  entitled 
to  school  privileges  by  reason  of  residence  in  the  district. 

Sec.  7639.  County  court  may  transfer. — The  coun- 
ty court  shall  have  power,  upon  the  petition  of  any  p<ir- 
son  residing  in  any  particular  school  district,  to  transfer 
the  children  or  wards  of  such  person,  for  educationiU 
purposes,  to  an  adjoining  district  in  the  same  county,  or 
to  an  adjoining  district  in  an  adjoining  county;  provided, 
said  petitioner  shall  state  under  oath  that  the  transfer 
is  for  school  purposes  alone.  Provided  further,  where  a 
TiUmber  of  colored  children  or  wards,  not  exceeding  ten, 
reside  in  a  particular  school  district,  the  county  court 
shall  have  power,  upon  petition  of  any  person  to  transfer 
said  colored  children  or  wards  of  such  person  to  an  ad- 
joining district  in  the  same  county,  or  an  adjoining  dis- 
<tiict  in  an  adjoining  county;  and,  also,  where  a  number 
<of  white  children  or  wards,  not  exceeding  ten,  reside  in 
•a  particular  school  district,  the  county  court  shall  have 
power  upon  the  petition  of  any  person,  to  transfer  said 
white  children  or  wards  of  such  person  to  an  adjoining 
•district  in  the  same  county  or  an  adjoining  district  in  an 
•adjoining  county;  and  said  transfers  under  the 
•last  named  proviso  shall  not  destroy  the  legality  of 
such  school  district,  although  the  number  of  children  be 
reduced  to  a  number  less  than  thirty-five  persons  of 
scholastic  age;  and  said  petitioner  shall  at  once  notify 
the  county  examiner  of  the  county  or  counties   and   the 

126 


DIGEST   OF    SCIHOOL  UAWS 

directors  of  both  districts.    (Act  April  3,  1891.    See  Sec. 

7543.) 

A  petition  for  the  transfer  of  children  from  one  school  district 
to  another  must  state  facts  sufficient  upon  which  an  order  of  trans, 
fer  may  he  made.  The  petition  must  show  that  the  p«tiioner  has 
children.  A  joint  petition  may  be  filed,  but  it  should  show  that 
each  of  the  petitioners  has  dMldren,  and  unie&s  it  does,  it  is  open 
to  demurrer.  Norton  v.  Lakeside  Special  School  District,  97  ArJc. 
71,  133  S.  W.  184. 

An  order  made  under  this  statute  does  not  have  the  effect  of 
transferring  the  land  owned  by  the  party  from  one  district  to  the 
other.  School  District  iNo.  4  v.  School  District  No.  S4,  93  Ark. 
112,  124  S.  W.  238. 

Sec.  7640.  Transferred  children— included  where. 
— The  directors  of  the  district  to  which  such  children 
^.ave  been  transferred  at  the  time  of  taking  the  enumera- 
,tion  shall  include  such  children  in  the  district  to  which 
.they  have  been  transferred,  and  they  shall  not  be  enum- 
erated in  the  district  where  they  reside.  The  district 
.achool  tax  of  such  person  shall  be  added  to  the  school 
revenues  of  the  district  to  which  he  has  been  transferred 
and  shall  not  be  included  in  the  school  revenues  of  the 
district  where  he  resides. 

An  elector,  wlho  has  transferred  to  a  district  for  school  pur- 
poses and  has  all  other  qualifications  nece&sary  for  a  director, 
may  hold  the  office  of  director. 

Transfers  can  be  made  only  into  adjoining  districts. 

Transfers  are  authorized  for  the  benefit  of  better  school  facil- 
ities, and  a  person  having  no  children  cannot  transfer.  Property 
without  children  cannot  be  transferred. 

Application  for  transfer  must  be  made  by  the  person  whose 
-children  or  wards  are  to  be  affected  by  the  same. 

If  A  transfers  his  taxes  to  an  adjoining  district  for  school  pur- 
poses, and  afterwards  moves  away,  the  riglht  of  transfer  does  not 
hold  for  the  person  who  may  move  on  the  property  formerly  occu- 
pied by  A.  ,  > 

The  transfer  ceases  when  the  parent  or  guardian  no  longer 
ihas  children  or  iwards  of  school  age. 

127 


DIOEST  OF  SCHOOL  LlAWS 

Children  over  twenty-one  years  of  age,  or  who  may  attain  that^ 
(age    after  a  transfer  (has  been  made  hy  their  parents,     have    no 
school  rigflits  under  such  transfer. 

A  transfer  must  be  made  in  the  name  of  the  parent  or  gaurdi- 
an  of  the  children  for  whose  benefit  the  transfer  is  made,  and  does 
pot  affect  the  children  or  wards  of  renters  on  the  land  of  the 
party  transferring.  ,     ,     : 

Parents  are  not  transferred  into  other  school  districts,  but 
their  taxes,  both  personal  and  real,  may  be,  and  this  entitles  the^ 
children  or  wards  of  sudh  persons  to  school  privileges  in  the  dis- 
trict to  which  transfer  is  made. 

Sec.     7641.    Trans  fermd    persons — Powers. — Any 
,person  who  transfers  his  child,  children   or  wards   and 
property  to  any  district  for  educational   purposes,   shall 
have  the  same  right  to  vote  in  said  district  for  directors  ^ 
and  tax  as  other  electors  have  of  the  district  to  which  he- 
is  transferred.    Where  such  person  is  transferred   to   a 
district  out  of  his  county,  the  county  treasurer    of    the- 
county  wherein  he  resides,  shall  open  an  account  with  the- 
district  to  which  he  is  transferred,  and  his  school  taxeftr 
shall  be  credited  to  the  same  and  paid  on  the  warrants  of" 
the  directors  of  the  district  to  which  he  is  transferred. 
provided,  any  person  transferring  his  property  and  chil- 
dren   to  an  adjoining  district  for  educational  purposes 
.shall  have  the  right,  after  having  been  transferred,  or  re- 
siding therein  for  thirty  days  previous  to  said   election,., 
and  within  the  state  for  one.  year  and  in  the  county  six 
months,  and  who  has  paid  his  poll  tax,  to  vote   in   said 
school  district,  and  in  no  other  for  directors  or  tax    at 
.said  school  elections. 

Sec.  7642.  Sarwe — Transfers  to  another  county. — 
Whenever  any  person  or  persons  transfer  from  one 
school  district  to  another  school  district  across  a  county 
line,  it  shall  be  the  duty  of  the  directors  of  said  district 
to  which  said  person  or  persons    have    transferred,    tO' 

128 


DIGEST  OF  SCHOOL  LAiWS 

allow  all  qualified  electors  that  have  transferred  across 
the  county  line  to  vote  in  said  school  election  the  same  as 
if  he  lived  in  the  same  county;  and  v^hen  a  tax  is  levied, 
•the  directors  shall  notify  the  county  judge  in  the  couniy 
where  said  transfers  live,  the  amount  of  taxes  levied  and 
the  names  of  all  taxpayers  who  have  transferred  into 
said  district  across  the  county  line,  and  the  county  judge 
shall  cause,  the  levy  to  be  made.  It  shall  be  the  duty  of 
the  collector  of  taxes  to  collect  the  school  tax  from  said 
person  or  persons  who  have  transferred  and  to  turn  it 
over  to  the  treasurer  of  his  county  and  the  treasurer 
shall  notify  the  directors  of  the  school  district  where 
said  transfer  was  made,  the  amount  of  taxes  in  his  hands 
to  their  credit,  and  said  directors  shall  draw  their  war- 
rant on  said  treasury  for  the  same,  and  he  shall  pay  said 
Vv^arrant  to  the  amount  of  all  in  the  treasury  to  their 
credit  in  the.  same  manner  as  if  the  said  directors  lived 
in  his  county.  Any  officer  willfully  violating  any  of  the 
provisions  of  this  act  shall  be  fined  in  any  sum  not  to  ex- 
ceed twenty-five  dollars  ($25.00.) 

Sec.  7643.  They  may  permit  private  school. — The 
directors  may  permit  a  private  school  to  be  taught  in  the 
district  schoolhouse  during  such  time  as  the  said  house 
is  not  occupied  by  a  public  school,  unless  they  be  other- 
v^use  directed  by  a  majority  of  the  legal  voters  of  the  dis- 
trict. 

Sec.  7644.  Examination  and  institute — School  shall 
close. — The  directors  shall  cause  the  public  schools  in 
their  districts  to  be  closed  on  the  days  appointed  for  pub- 
lic examination  of  teachers  in  their  county,  and  also- 
cause  the  said  school  to  be  closed  during  the  session  of 
the  teachers'  institute.  Pr^ovided,  said  school  shall  not 
be  closed  for  a  greater  length  of  time  than  five  (iays.dur- 

'129 


DIGUBST  OF  SCHOOL  LAWS 

ing  any  one  session  of  not  more  than  five  months.     {Act 
March  27,  1885.) 

By  Act  XXVII,  apiproved  March  5,  ISas,  so  much  of  this  section 
>Bi3  relates  to  public  examinations  is  repealed.  Teachers  are  not 
now  required  to  attend  examinations  unless  they  desire  to  obtain 
license  to  teach.  No  examination  and  institute  can  be  held  at  the 
^laimei  time.  Teachers  are  required  to  attend  one  institute  annu- 
idly,  and  cannot  be  charged  for  loss  of  time  while  attending.  See 
7652  and  7653. 


Sec.  7645.  Directors  and  examiners  exempt  from 
i:oad  duty. — Directors  and  county  examiners  shall  be  ex- 
lempt  from  working  on  roads  and  highways.  {Act  De- 
cember 7,  1875,  Sees.  11-1^,  as  amended  by  Act  March 
23,  1891.) 

Sec.  7646.  Penalty  for  not  reporting  tax  levy. — 
Any  director  or  other  person  whose  duty  it  may  become 
to  report  to  the  county  court  the  per  cent  of  tax  levied  by 
-any  school  district  at  an  annual  meeting,  and  who  shall 
neglect  or  refuse  to  do  so  in  the  manner  and  at  the  time 
provided  by  law,  shall  be  liable  for  all  loss  which  may  be 
sustained  by  such  failure  and  for  all  costs,  and  shall  be 
ifined  not  less  than  ten  nor  more  than  fifty  dollars. 

Sec.  7647.  Shall  furnish  county  clerk  with  list  of 
property — Within  fifteen  days  after  any  special  tax  shall 
be  voted  by  a  school  district  at  an  annual  meeting,  it 
Bhall  be  the  duty  of  the  directors  to  furnish  the  •county 
clerk  with  a  certified  list  of  all  persons  owning  property 
in  the  district  to  pay  such  special  tax. 

Sec.  7648.  Penalty  for  neglect  of  duty. — Any  per- 
son whase  duty  it  is  to  execute  Sections  7621,  7647, 
7664,  and  who  shall  fail  to  do  so,  shall  be  fined  not  less 
than  ten  nor  more  than  fifty  dollars,  and  the  same  shall 

130 


DIGEST  OF  SCHOOL  LAWS 

be  paid  into  the  county  treasury.     (Act  March  11,  1881, 
Sees.  1,  3,  and  9.) 

TEACHERS. 

Sec.  7649.  Teachers  must  he  licensed. — Any  person 
who  shall  teach  in  a  common  school  in  this  state,  without 
a  certificate  of  his  qualification  and  his  license  to  teach, 
shall  not  be  entitled  to  receive  for  such  services  any  com- 
pensation from  revenues  raised  by  tax  or  in  any  wise  ap- 
propriated for  the  support  of  common  schools;  provided, 
if  his  license  expires  by  limitation  during  any  school, 
such  expiration  shall  not  have  the  effect  to  interrupt  his 
school,  or  to  debar  his  claim  against  school  revenues  for 
the  payment  of  teachers'  wages. 

The  right  to  teach  is  based  upon  an  approved  examination. 
Erery  teacher  must  Ihold  a  certificate  in  order  to  receive  school 
revenue,  for  his  services.  This  includes  all  assistants.  The  assist- 
ant is  a  teacher  and  can  only  receive  compenation  lawfully 
through  the  directors.  No  principal  can  draw  a  lump  salary  from 
the  school  revenues  to  ipay  for  either  licensed  or  unlicensed  as- 
sistants. Each  teacher  must  have  a  separate  contract  and  draw 
his  separate  compensation.  The  treasurer  is  warranted  in  de- 
manding the  license  and  the  contract  before  paying  any  warrant; 
and  if  sucfti  contract  discloses  the  fact  that  the  warrant  is  drawn 
to  cover  the  salary  of  an  unlicensed  teacher,  it  should  not  be 
paid.     See  Sections  7628,  7627  and  7615. 

The  teacher  must  have  a  living  license  on  the  day  he  begins 
the  actual  work  of  teaching.  Having  begun  his  school  lawfully  he 
may  finish  it,  although  his  license  expires  before  the  end  of  his 
term,  but  if  a  vacation  occur,  the  teacher  must  secure  a  license 
before  resuming  the  school;  neither  is  a  teacher  authorized  to 
teach  a  school  on  a  license  that  expires  a  few  days  after  his 
school  is  begun. 

If  directors  em.ploy  a  teacher  ^iho  has  not  a  certificate,  as  re- 
quired by  law,  and  the  treasurer  knows  the  fact,  even  if  the  direct- 
ors issue  a  warrant,  the  treasurer  should  not  pay  it. 

If  a  teacher  teaches  for  awhile  without  a  certificate  and  then 
gets  one,  the  directors  cannot  pay  for  the  time  taught  without  a 
certificate.  Neither  can  they  pay  him  indirectly  for  sudh  time  by 
"hiring  him  over  at  an  advance  in  salary  sufficient  to  make  up  for 

131 


DIGEST  OF  SCHOOL  LAWS 

the  time  taught  before  he  got  a  certificate.    Public    officers    must 
not  do  indirectly  what  the  law  forbids  them  to  do  directly. 

The  number  of  hours  for  keeping  a  school  open  is  not  fixed  by 
the  law,  but  is  a  matter  of  contract  between  directors  and  teach* 
»ers.  The  number  of  hours  usually  includes  llhe  time  given  for  re- 
cesses and  excludes  the  noon  intermission. 

All  assistant  teachers,  substitute  teachers,  special  teachers  of 
[writing,  etc.,  included,  in  the  public  schools,  must  have  certificates 
of  qualification  from  the  county  examiner — there  is  no  exception 
ito  the  emiphatic  requirements  of  the  law  in  respect  to  certificat^es. 

Tliis  opinion  is  grounded  upon  the  plain  object  of  the  legisla- 
ture in  requiring  teachers  to  possess  certificates;  Which  can  be 
none  other  than  to  secure  the  employment  of  teachers  of  approved 
character  and  ability — a  consideration  of  quite  as  much  moment 
•in  the  case  of  assistant  teachers  as  any  other. 

It  is  held  that  the  superintendent  of  city  and  village  schools 
^elongs  to  the  teaching  force,  and  should,  therefore,  have  a  certi- 
ficate of  qualification  in  order  that  he  may  draw  his  pay. 

When  the  directors  persist,  in  violation  of  law,  in  retaining  a 
teacher  who  does  not  hold  a  certificate,  any  taxpayer  or  patron  of 
ithe  school  would  be  entitled  to  an  injunction  to  restrain  the 
Iteacher  or  board  from  continuing  the  school. 

Sec.  7649-a. — Graduates  of  Normal  Department  of 
University  of  Arkansas  to  he  licensed  to  teach. — 1. 
That  the  diplomas  from  teachers  training  department  of 
the  University  of  Arkansas  shall  be  equivalent  to  a  teach- 
er's professional  license,  which  shall  entitle  the  holder 
thereof  to  teach  in  any  public  school  of  the  State  of  Ark- 
ansas for  a  period  of  six  years  from  and  after  the  date 
of  issue,  and  after  the  expiration  of  that  time  said  di- 
ploma may  be  converted  into  a  life  certificate ;  provided, 
the  work  done  by  the  holder  thereof  and  his  or  her  moral 
'character  meet  with  the  approval  of  the  State  Superin- 
tendent of  Public  Instruction. 

Repealing  Clause  :  That  all  laws  in  conflict  here- 
with are  hereby  repealed,  and  this  act  shall  be  in  force 
from  and  after  its  passage. 

-132 


DIGUBST  OF  SCIHOO'L  LAWS 

Sec.  7650.  He  shall  keep  register, — Every  teacher 
«hall  keep  a  daily  regiser  of  his  school  in  the  manner 
prescribed  by  law,  and  indicated  by  the  blank  school  rej?- 
ister  to  be  furnished  by  the  directors  at  the  commence- 
ment of  the  school. 

Directors  cannot  make  t(he  reports  required  toy  law  withoJt 
the  information  kiontained  in  this  register,  and  they  should  exact 
rigidly  a  compliance  with  the  requirements  of  this  section.  No 
teacher  should  be  given  a  warrant  for  his  last  month's  salary  un- 
<til  this  register  is  completed  for  the  term. 

Sec.  7651.  Record. — Contains  what. — It  shall  be 
the  duty  of  each  teacher  to  leave  in  his  school  register  a 
complete  record  of  the  various  grades  in  his  school,  indi- 
cating the  amount  of  work  done  by  each  student  duri-^g 
the  isessian  and  the  position  of  each  student  at  the  close 
of  the  school  term. 

Sec.  7652..  Teachers  desiring  to  he  examined. — It 
«hall  be  the  duty  of  only  such  teachers  as  desire  to  be  ex- 
amined for  license  to  teach  in  the  public  schools  in  any 
county  to  attend  any  public  examination  for  teachers  of 
said  county. 

Sec.  7653.  Shall  attend  one  institute  annually. — 
It  shall  be  the  duty  of  all  the  teachers  of  the  public 
schools  to  attend  one  institute  annually,  which  shall  be 
held  by  the  county  examiner,  after  having  given  twenty 
days*  notice  of  the  time  and  place  of  the  institute  in  the 
same  manner  as  is  now  required  by  law  for  quarterly 
examinations.  No  institute  and  quarterly  examination 
shall  be  held  at  the  same  time.  No  teacher  when  attend- 
ing a  quarterly  examination,  or  an  institute,  shall  be 
charged  for  loss  of  time  while  necessarily  absent  from 
liis  school  to  atte.nd  such  examination  or  institute.  {Act 
March  5,  1895.) 


133 


DIGEST  OF  SCHOOL  LAWS 

The  law  requires  eacli  examiner  to  hold  at  least  one  Institute- 
•nnually.  Teachers  are  expected  to  attend  the  same.  Due  notice 
Bhould  be  given  them  of  the  institute,  and,  in  case  they  fail  to  at- 
tend, it  is  within  the  power  of  the  examiner  to  revoke  their  li- 
jcense,  provided  opportunity  is  given  the  teachers  to  appear  before 
the  examiner  and  show  cause  why  the  did  not  attend.  Reasonable 
excuses  should  of  course  have  their  weight  witfli  the  -  examiner, 
though  he  is  to  be  the  judge  of  tiheir  reasonableness;  ,and,  if  he 
act  in  good  faith  in  the  revocation  of  a  license,  he  will  not  be  held 
liable  under  the  law  for  any  damage  that  may  '  result  in  conse- 
quence of  such  revocation. 

Sec.  7654.  Shall  not  permit  sectarian  books. — No 
;teacher  employed  in*  any  of  the  oommon  schools  shall  per- 
mit sectarian  books  to  be  used  as  a  reading  or  textbook 
In  the  school  under  his  care. 

Sec.  7655.  Teacher's  claim  not  superseded. — Anyj 
teacher  who  shall  have  complied  with  the  provisions  of 
this  act  shall  be  paid  from  the  first  money  received  into 
the  county  treasury  to  the  credit  of  the  district ;  and  his 
claim  shall  not  be  superseded  by  any  subsequent  claim; 
and  no  money  in  the  county  treasury  belonging  to  any 
district  shall,  so  long  as  there  is  any  such  claim  filed 
against  the  said  district,  be  applied  to  any  purposes 
whatever  other  than  the  payment  of  teachers'  wages, 
(Act  December  7,  1875,  1875,  Sees.  80-84.  See  Sec. 
.7661.) 

Sec.  7656.  Penalty  for  failure  to  file  Register. — No 
teacher  shall  be  entitled  to  the  last  month's  pay  for  any 
school  taught  by  him  until  he  shall  have  returned  to  the 
directors  of  the  district  in  which  such  school  was  taught 
the  daily  register  furnished  him,  with  all  statistical  work: 
which  teachers  are  by  law  required  to  perform,  perfect- 
ed and  complete,  and  no  director  shall  otherwise  issue  an 
order  for  such  last  month's  pay.  (Act  March  11,  188i, 
Sec.  4.)  ' 

134 


DIGEST  OF  SCHOOL  LAWS 

TRESPASS  ON  SCH09LH0USES,  ETC. 

Sec.  7657.  Penalty  for  destruction  of  property.-—^ 
Any  person  who  shall  wilfully  destroy  or  injure  any 
building  used  as  a  school  house,  or  for  other  educational 
purposes,  or  any  furniture,  fixtures  or  apparatus  thereto 
belonging,  or  who  shall  deface,  mar  or  disfigure  any  such 
building,  or  who  shall  deface,  mar  or  disfigure  any  such 
building,  furniture  or  fixtures,  by  writing,  cutting,  paint- 
ing or  pasting  thereon  any  likeness,  figure,  words  or  de- 
vice, without  the  consent  of  the  teacher  or  other  person 
'having  control  of  such  house,  furniture  or  fixtures,  shall 
be  fined  in  a  sum  double  the  value  of  any  such  building, 
furniture,  fixtures  or  apparatus  so  destroyed,  and  shall 
be  fined  in  a  sum  not  less  than  ten  nor  more  than  fifty 
dollars  for  each  offense  for  writing,,  painting,  cutting  ot 
pasting  in  any  such  building,  furniture  or  fixtures  any 
such  words,  figures,  likeness  or  device,  to  be  recovered  by 
civil  action  in  any  court  of  competent  jurisdiction;  and 
the  punishment  provided  in  this  section  is  in  addition  to 
and  not  in  lieu  of,  the  punishment  provided  by  the 
statutes  for  such  offenses.  (Act  December  7,  1875,  Sec. 
86.) 

Sec.  1923.  Penalty  to  deface. — To  cut,  write  upon, 
deface,  disfigure  or  damage  any  part  or  appurtenance  or 
the  inclosure  of  the  statehouse,  or  any  other  building  be- 
longing to  the  state,  or  any  church  or  schoolhouse,  or 
other  public  building,  or  to  any  citizen  of  this  state, 
when  not  occupied,  shall  be  a  misdemeanor  punishable 
by  a  fine  not  exceeding  one  hundred  dollars. 

disturbance  of  school. 

Sec.  1653.    Penalty  for  disturbance. — If    any    par- 
ent, guardian  or  other  person,  from  any  cause,    fancied 

135 


DLGB&T  OF  SCHOOL  LAWS 

or  real,  visit  any  school  and  insult  any  teacher  in  the 
presence  of  his  pupils,  the  person  offending  by  such  con- 
duct shall  be  liable  to  a  fine  of  twenty-five  dollars.  (Act 
December-  7,  1875,  Sec.  85.) 

Sec.  1927.  Penalty  for  trespass. — Any  person  or 
persons  who  shall,  by  any  boisterous  or  other  noisy  con- 
duct, disturb  or  annoy  any  public  or  private  school  in 
this  state,  or  any  person  not  a  student  who,  after  being 
duly  notified  to  kee.p  off  the  school  grounds  during  the 
School  hours  by  the  board  of  directors  or  the  superinten- 
dent or  principal  teacher  in  charge  of  any  such 
school,  shall  continue  to  trespass  or  go  upon  said 
jgrounds,  whether  at  recess  or  during  the  sessions  of 
said  school,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  in  any  sum  not  exceeding  one 
♦hundred  dollars.     (Act  Fe'bruary  16,  1893,  Sec.  2.) 

SCHOOL  WARRANTS — DISBURSEMENTS   OF  FUNDS,   ETC. 

Sec.  7658.  Certain  officers  prohibited  from  owning 
school  warrants. — It  shall  be  unlawful  for  county  collect- 
ors and  treasurers  to  purchase  or  otherwise  be  the  own- 
ers of  or  interested,  directly  or  indirectly,  in  any  school 
warrant  issued  by  any  school  director  of  the  county  in 
which  they  reside. 

Sec.  7659.  School  tax  payable  by  warrant. — The 
district  school  tax  in  each  county  may  be  payable  and  re- 
ceivable in  the  warrants  drawn  by  the  directors  of  the 
school  district  in  which  a  school  tax  may  be  levied  by  the 
county  court. 

Sec.  7660.  County  treasurer  shall  keep  register. — 
It  shall  be  the  duty  of  the  county  treasurer  of  each  couu- 

136 


DIOEST  OF  SCHOOL  LAWS 

ty  to  keep  in  his  office  a  suitable  and  wdl-bound  book,  in 
which  he  shall  register  by  number  and  in  the  order  of 
presentation  all  district  school  warrants  that  may  ,  be 
presented  tio  him ;  this  registration  to  be  made  before  the 
warrant  is  paid,  and  it  shall  show  the  date  of  presenta- 
tion of  the.  warrant,  by  whom  drawn,  on  what  district, 
and  in  whose  favor,  and  for  what  purpose  drawn,  the 
amount  and  date  of  warrant,  date  of  payment,  and    to 

whom  paid;  and  said  book  shall  at  all  times  be  subject  to 

;  the  inspection  of  any  taxpayer. 

Sec.  7661.  Treasurer  shall  give  notice  of  funds. — 
It  shall  be  the  duty  of  the  county  treasurers,  immediate- 
ly upon  tjie  receipt  by  them  of  any  school  funds,  to  give 
notice  of  the  amount  and  kind  of  funds  received,  and 
from  what  source  received,  by  written  or  printed  notices 
put  up  in  two  public  places  in  each  and  every  school  dis- 
trict, and  at  the  court  house  door,  and  the  funds  so  re- 
ceived shall  be  paid  out  on  the  warrants  registered  in  ac- 
cordance with  the  provisions  of  the  preceding  section. 
(As  amended  by  act  of  April  17,  1899.    See  Sec.  7552.) 

Sec.  7662.  Penalty  for  failure  to  comply. — Any  of- 
f  cer  failing  to  comply  with  the  requirements  of  this  act, 
for  each  and  every  offense,  shall  be  subject  to  indictment, 
and,  if  found  guiltjy,  shall  be  punished  by  a  fine  of  not 
less  than  five  hundred  dollars  and  by  confinement  in  the 
penitentiary  of  the  state  for  a  period  not  less  than  three 
-nor  more  than  twelve  months. 

Sec.  7663.  Director. — Penalty  for  fraud. — Any  di- 
rector who  shall  fraudulently  issue  any  school  warrant 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  subject  to  the  penalties  enumerated  in  the  pre- 
ceding section.     (Act  May  27,  1874.) 

137 


DIGEST  OF  SCHOOL  LAWS 

Sec.  7664.  Treasurer's  report. — Contains  what. — 
The  county  treasurer  shall,  on  or  before  the  tenth  day  of 
August  each  year,  forward  to  the  superintendent  of  pub- 
lic instruction  a  certified  statement  showing  the  amount, 
in  kind,  of  public  school  funds  received  by  him;  from 
what  sources  they  were  received ;  how  and  for  what  pur- 
poses they  have  been  disbursed,  and  what  amount,  in 
kind,  remains  in  the  treasury.     See  Sec.  7648. 

Sec.  7665.  Warrants. — Time  for  presentation.-— 
The  order  of  any  board  of  directors,  properly  drawn- 
af^er  the  passage  of  this  act  shall  be  presented  to  the^ 
treasurer  of  the  proper  county  within  sixty  days  after  it 
•was  drawn  by  the  aaid  board  of  directors.  All  such  or- 
ders shall  be  paid  in  the  order  of  their  presentation;,. 
provided,  that  this  act  shall  not  apply  to  warrants  issued 
prior  to  May  1,  1889.  As  amended  by  act  of  April  17,. 
1899.) 

Sec.  7666.     Warrants  shall  he  paid  in  order. — If 
there  are  no  funds  with  which  to  pay    such    order    the 
treasurer  shall  indorse  the  same :  "Not  paid  for  want  Oi 
funds,"  giving  the  date  and  signing  his  name   officially.. 
He  shall  number  and  record  each  warrant  in  the  book 
provided  for  such  purpose,  keeping  a  separate  record  for- 
each  district,  and  shall  pay  said  warrants  in  the  order  of 
their  number.     (Act  March  21,  1885,  Sec.  2.) 

The  treasurer  is  empowered  to  pay  only  the  amount  '  of    the  ■ 
face  of  the  warrant;  there  is  no  authority  given  him  to  pay  inter- 
•erst  thereon.    A.  H.  Andrews  &  Co.  v.  Delight  'Special  School  Dis- 
trict, 95  Ark.  26,  128  S.  W.  362.      ' 

Sec.     3509.     Treasurer's    commission. — He       (the^ 
county  treasurer)  shall  be  allowed,   as   commissions   on 
the  aggregate  amount  of  all  the  school  funds  of  the  coun- 

138 


DIGEST  OF  SCHOOL  LAWS 

ty  coming  into  his  hands  in  any  one  year,  the  rate  of  two- 
per  cent,  and  no  more ;  provided,  that  if  any  county  treas- 
urer shall  have  taken  commissions  from  any  particular 
school  fund,  the  same  fund  shall  not  be  subject  to  com- 
missions in  the  hands  of  his  successor  in  office..  (As 
amended  by  act  of  March  12,  1895.) 

,     VIOLATION  OF  SCHOOL  LAWS — DUTY  OF  PROSECUTING 

ATTORNEYS. 

Sec.  7667.  He  shall  bring  offender  to  trial — The 
prosecuting  attorney  of  each  judicial  district  shall,  upon 
being  satisfied  that  any  violation  of  the  school  laws  of 
this  state  has  been  .committed  by  any  officer  or  person,, 
in  any  county  of  his  district,  which  renders  such  officer 
or  person  so  offending  liable  to  any  fine,  pain,  penalty  or 
forfeiture  for  damage,  without  delay,  institute  in  any 
court  of  competent  jurisdiction  such  proceedings  as  are 
necessary  to  bring  such  offender  to  trial,  and  secure  to 
the  county,  school  district,  or  person  so  damaged  by  such 
violation,  the  benefits  and  reliefs  to  which  each  or  any  of 
them  may  be  entitled ;  and  for  such  services  the  prosecut- 
ing attorney  shall  be  allowed  the  same  compensation  as 
he  is  allowed  in  cases  of  misdemeanor,  which  shall  be 
assessed  against  such  offender  as  cost.  (Act  March  11, 
1881,  Sec,  10.0 

SPECIAL  ACT  FOR  THE  REGULATION  OF  PUBLIC  SCHOOLS  IN 
CITIES  AND  TOWNS. 

Sec.  7668.  Cities  and  towns  may  be  special  dis- 
tricts.— Any  incorporated  city  or  town  in  this  state,  in- 
cluding the  terriory  annexed  thereto  for  school  pur- 
poses, may  be  organized  into  and  established  as  a  single 
school  district  in  the  manner  and  with  the  powers  here- 
inafter specified;  provided,  all  school  districts  which  are 


139 


DIGEST  OF  SCHOOL  LAWS 

already  organized  and  all  hereafter  organized  under  this 
'Act,  shall  include  all  the  territory  of  the  city  or  town, 
xind  when  the  limits  of  the  city  or  town  are  exended  so  as 
to  include  territory  not  before  within  the  school  districc, 
■all  of  said  new  territory  into  the  city  or  town  be- 
<iome  a  part  of  special  district  of  said  city  or  town. 
(Act  May  31,  1909.) 

In  the  case  of  Beavers  vs.  State,  60  lArk.,  124,  it  is  held  that 
the  territory,  which  was  iiicluded  witlh  the  incorporated  city  or 
town,  in  a  common  school  district  prior  to  its  formation  into  a 
single  school  district,  is  not  by  the  act  or  organization  included 
therein  and  can  only  be  so  included  by  annexation  as  provided 
for  in  Section  7695. 

Sec.  7669.  Voters  may  petition  for  election. — Up- 
on the  written  petition  of  twenty  voters  of  such  city  or 
town,  praying  that  the  sense  of  the  legal  voters  of  said 
-city  or  town  may  be  taken  on  the  adoption  of  this  act  for 
the  regulation  and  government  of  the.  public  schools 
therein,  it  shall  be  the  duty  of  the  mayor  of  such  city  or 
town,  within  five  days  after  the  presentation  of  such 
petition,  to  designate  and  fix  a  day,  not  less  than  seven 
nor  more  than  fifteen  days  distant,  for  holding  an  elec- 
tion in  said  city  or  town  for  that  purpose  and  also  for  the 
election  by  ballot,  at  the  same  time,  of  a  board  of  six 
school  directors  for  said  city  or  town. 

Sec.  7670.  Mayor  shall  give  notice  of  election. — 
The  mayor  shall  cause  notice  of  said  election  to  be  given 
by  posting  notices  in  at  least  five  public  places  in  said 
city  or  town,  and  by  one  insertion  in  such  newspapers 
as  may  be  published  in  said  city  or  town.  The  electors 
at  said  election  desiring  to  vote  in  favor  of  the  adoption 
of  this  act  shall  have  written  or  printed  on  their  ballots, 
"For  the  school  law,"  and  those  opposed  thereto  shall 
have  written  or  printed  on  their  ballots,    ''Against    the 

140 


DIGEST  OF  SCHOOL  LAWS 

scnool  law";  and  if  a  majority  of  the  ballots  cast  at  said 
election  shall  be  'Tor  school  law",  then,  and  in  that  case 
only,  shall  such  city  or  town  be  deemed  and  held  to  be  a 
single  school  district  under  and  in  pursuance  of  this  act, 
and  the  directors  voted  for  and  elected  at  said  election 
shall  qualify  and  enter  upon  the  discharge  of  their  du- 
ties as  hereinafter  provided.     {lb.,  part  Sec.  2.) 

The  preceding  sections  are  to  determine  whether  the  special 
act  for  the  regulation  of  public  schools  in  cities  and  towns  shall 
be  adopted.  They  are  preliminary  to  organization.  They  require 
the  following  modus  operandi: 

1.  lA  written  petition  of  twenty  voters  asking  that  tflie  sense 
of  the  legal  voters  be  taken  on  the  adaption  of  the  aict. 

2.  The  mayor  must  fix  within  five  days  from  the  presenta- 
tion of  said  petition  a  day  for  said  election. 

3.  Said  election  shall  not  be  less  than  seven  nor  more  than, 
fifteen  days  from  the  date  of  the  proelamaition. 

4.  iSaid  election  shall  also  determine  by  ballot  a  board  of  six 
directors.  i      ' 

5.  The  mayor  must  promulgate  the  election  notices  by  post- 
ing and  printing  should  there  be  a  paper. 

6.  The  electors  must  vote  by  ballot  and  as  prescribed. 

7.  A  majority  of  all  the  votes  case  are  necessary  to  make 
said  city  or  town  a  single  school  district. 

Sec.  7671.  Election — How  held. — On  the  third  Sat- 
urday in  May,  1893,  and  annually  thereafter,  an  election 
shall  be  held  at  the  usual  voting  place  in  each  ward  of  all 
incorporated  towns  and  cities  heretofore  organized  inio 
single  or  special  school  districts,  for  the  election  of  two 
directors,  who  shall  serve  for  three  years,  and  until  their 
successors  are  elected  and  qualified.  The  ballot  of  the 
voter,  in  addition  to  the  names  of  the  persons  voted  for 
as  directors,  shall  have  written  or  printed  on  it  the 
words  "for  tax",  "against  tax",  and  the  rate  the  voter 
desires  levied ;  provided,  in  incorporated  towns  and  cities 


141 


DIGEST  OF  SCHOOL  LAWS 

cf  the  second  class,  the  election  may  be  held  at  one  or 
more  of  the  voting  places  therein,  and  not  in  each  ward, 
if  the  board  of  directors  shall  so  direct  by  notice  posted 
in  three  public  places  in  said  city  or  town  ten  days  be- 
fore the  election  designating  the  place  or  places  at  which 
said  election  shall  be  held. 

S53.  7672.  Directors  shall  giue  notice  of  election. — 
When  any  special  school  district  has  been  organized  as 
provided  by  law,  the  board  of  directors  shall  give  notice 
of  each  annual  election  at  least  fifteen  days  previous  to 
such  election,  by  posting  notices  in  at  least  five  public 
places  in  said  district. 

Sec.  7673.  Who  shall  hold  election. — Said  election 
shall  be  held  by  the  judges  appointed  to  hold  the  munic- 
ipal elections  in  said  city  or  town  next  preceding  the 
said  election,  for  the  ward  or  wards  in  which  such  school 
election  may  be  held.  The  judges  at  each  voting  place 
shall  appoint  two  clerks,  and  each  judge  and  clerk  shall 
take  the  oath  required  by  law,  and  shall  receive  for  their 
services  the  sum  of  one  dollar  each,  to  be  paid  out  of  the 
scliool  fund  of  the  district  on  the  order  of  the  board  of 
directors. 

Sec.  7674.  Polls — When  open. — The  judges  shall 
cause  the  polls  to  be  opened  at  nine  o'clock  and  closed  at 
sunset 

Sec.  7675.  When  voters  may  select  judges. — If  any 
of  the  regular  judges  shall  fail  to  appear  by  ten  o'clock, 
the  assembled  voters,  not  less  than  ten  in  number,  shall 
select  other  judges  in  their  places. 

Sec.  7676.     Where  voters  may  vote. — If  the  election 

142 


DIGEST  OF  SCHOOL  LAWS 

.shall  be  held  in  all  the  wards  of  the  city  or  town,  each 
voter  shall  vote  in  the  ward  where  he  resides.  Provided, 
voters  residing  in  any  part  of  the  district  not  embraced 
in  any  ward  may  vote  at  any  place  they  may  deem  most 

convenient. 

• 

Sec.  7677.  Returns  of  election  made  to  clerk, — The 
returns  of  said  election  shall  be  made  to  the  county  clerk, 
who  shall  forthwith  deliver  a  certificate  of  election  to 
aach  of  the  persons  elected  directors. 

Sec.  7678.  Clerk  shall  certify  result  to  county  court, 
— He  shall  also  declare  the  result  of  the  votes  for  and 
against  tax,  and  certify  the  same  to  the  county  court  on 
the  first  day  of  the  term  fixed  by  law  for  levying  county 
taxes ;  and  the  rate  of  taxes  so  certified  shall  be  levied  by 
the  court  as  other  school  taxes. 

Sec.  7679.  Directors  shall  take  oath — when. — Each 
person  elected  director  shall  take  the  oath  of  office  with- 
in five  days  after  receiving  a  certificate  of  election,  which 
shall  be  filed  with  the  county  clerk,  and  thereafter  dur- 
ing his  term  of  office  no  further  oath  nor  affidavit  shall 
be  required  of  him  in  the  discharge  of  his  official  dutie.;^. 

Sec.  7680.  .  Chapter  57  does  not  apply, — The  provis- 
ions of  chapter  57  shall  have  no  application  to  the  elec- 
tions herein  provided  for.  (Act  April  10,  1893,  Sees, 
1-7.) 

Chapter  LVII,  referred  to  in  above  section,  is    that    providing 
for  general  elections  (Kirby's  Digest). 

Sec.  7681.  Board  to  organize — how. — The  board  of 
directors  shall  organize  by    choosing    from    their    own 


143 


DTGiEST  OF  SCHOOL  LAWS 

rxumber  a  president,  who  shall  hold  his  office  until  the 
last  Saturday  in  May,  and  the  said  board  shall  at  the 
same  time  choose  a  secretary  who  may  also  be  clerk  of 
the  board,  and  said  secretary  may  be  chosen  from  per- 
sons other  than  members  of  the  board,  and  he  shall  hold 
his  office  until  the  last  Saturday  in  May,  and  annually 
en  that  day  the  said  board  sh^ll  meet  and  elect  a  presi- 
dent and  secretary  in  the  same  manner  as  provided 
above.     (Act  March  24,  1911.) 

Sec.  7682.  School  hoard  may  fill  vacancy. — If  the 
office  of  director  in  any  special  school  district  shall  be- 
come vacant,  the  remaining  directors  of  said  district 
shall  elect  a  director  to  fill  such  vacancy,  who  shall  serve 
until  the  next  annual  election  for  school  directors,  at 
which  time,  all  vacancies  shall  be  filed  by  the  electors  for 
the  unexpired  term.  (For  Newton  and  Sevier  counties 
isee  Act  458,  Acts  1911.) 

Sec.  7683.  Board  shall  meet — When, — Said  board 
of  directors  shall  hold  a  regular  meeting  on  the  last  Sat- 
urday in  each  month,  and  may  hold  stated  meetings  at 
such  other  times  and  places  in  said  district  as  they  may 
appoint;  four  members  of  said  board  shall  constitute  a 
quorum,  but  a  less  number  may  adjourn  from  time  to 
time;  special  meetings  thereof  may  be  called  by  the 
president,  or  by  any  two  members  of  the  board,  on  giv- 
ing one  day's  notice  of  the,  time  and  place  of  the  same, 
and,  in  case  of  the  absence  of  the  president  at  any  meet- 
ing of  the  board,  a  president  pro  tempore  shall  be 
chosen.  The  office  of  any  member  of  said  board,  as 
such,  who  shall,  without  good  cause,  fail  to  attend  three 
consecutive  monthly  or  stated  meetings  of  said  board, 
may  be  declared  vacant  by  the  board.  The  board  may 
make  rules  and  regulations  for    their    own  government 


144 


^       BIGEST  OF  SCHOOL.  LAWS         i 

and  for  the  dispatch  and  regulation  of  the  school  busi- 
ness  and  the  affairs  of  the  district,  not  inconsistent, 
with  law.     (Act  February  4,  1869,  Sec,  4.) 

Sec.  7684.  Powers  of  board, — Said  board  of  di- 
rectors shall  have  power  to  purchase  or  lease,  school- 
house  sites,  to  build,  hire  or  purchase  schoolhouses,  and 
to  keep  in  repair  and  furnish  Jhe  same  with  the  neices- 
sary  seats,  desks,  furniture,  fixtures  and  fuel,  and  to  in- 
sure the  same ;  to  fence  the  school  grounds,  ei'ect  out- 
houses, provide  wells  and  make  all  other  improvements; 
en  the  schoolhouse  grounds  and  schoolhouses  belonging: 
to  said  district  necessary  and  proper  for  the  comfort, 
convenience  and  health  of  the  scholars,  and  the  preserva- 
tion of  said  property;  to  hire  teachers  for  all  public 
schools  of  the  district,  employ  a  superintendest  of 
schools,  who  may  also  be  principal  of  any  graded  or 
high  school  that  said  board  may  establish ;  to  provide 
books  and  apparatus  for  the  schools,  and  the  necessaiy 
blank  books  and  stationery  for  the  board,  and  school 
registers  and  the  blanks  for  the  teachers ;  to  establish 
and  maintain  a  sufficient  number  of  primary,  graded  or 
high  schools  to  accommodate  all  the  scholars  in  said  dis- 
trict ;  to  determine  the  branches  to  be  taught  and  the 
text-books  to  be  used  in  the  several  schools  of  the  dis- 
trict ;  to  admit  pupils  not  belonging  to  the  district  on 
such  terms  as  they  may  agree  upon  with  the  parents,  or 
guardians  of  said  pupils,  or  the  district  from  whence 
they  came ;  to  appoint  a  board  of  three  visitors  and  ex- 
aminers for  the  schools  of  the  district,  which  board  shall 
examine  persons  applying  to  teach  in  any  of  the  schools 
of  said  district;  provided,  no  teacher  shall  be  employed 
who  does  not  hold  a  certificate  from  the.  state  superin-^ 
tendent  or  county  examiner;  to  examine,  from  time  to 
time,  the  books  and  the  accounts  of  the    county    treas- 

145 


DIOBST  OF  SCHOOL  LAWS 

*urer,  so  far  as  the  same  relate  to  the  several  schooJ 
funds  belonging  to  the  district;  and  when,  in  the  opinion 
*of  a  majority  of  the  members  of  said  board,  the  best  in- 
it^rest  of  the  (district  demand  a  sale  or  exchange  of  any 
real  estate  or  school  house  site  belonging  to  the  the  dis- 
trict, they  may  sell  or  exchange  the  same,  the  deed 
tlierefor  to  be  executed  by  the  president  of  the  board 
upon  a  majority  vote  of  the  whole  board  of  directors 
authorizing  and  directing  such  sale  or  exchange.  /&., 
Sec,  5. 


This  section  does  not  authorize  the  directors  to  substitute 
their  examination  for  that  of  the  examiner.  The  examiner's  ri'ghts 
are  superior  to  those  of  the  directors.  He  should  examine  '  under 
his  oath,  and  license  or  refuse  to  license  as  his  judgment  decides, 
and  is  not  accountable  to  any  board  of  directors.  Nor  should  he 
hold  his  examination  in  connection  mth  the  examination  of  the 
board.  His  work  should  be  entirely  separate  from  their  worlc. 
They  have  the  right  to  examine,  but  not  to  interfere  in  any  par- 
ticular with  the  examiner's  work. 


REMOVAL  OF  A  TEACHER  FOR  INiCOMPBTENCY. 

ITnder  ^Sections  7684  and  7685,  which  enjoin  the  board  of 
school  directors  to  ihire  suitable  teachers;  to  enforce  all  necessary 
rules  for  the  government  of  teachers  and  pupils;  and  to  visit  the 
schools  and  observe  the  discipline  and  progress  of  the  pupils,  the 
board  has  the  power  to  remove  a  teacher  for  incompetency  and 
for  immorality;  and  the  fact  that  the  teacher  has  been  duly  li- 
cnsed  by  the  county  examiner,  and  that  the  latter  has  failed  to  re- 
voke the  license  as  he  is  empowered  to  do  by  Section  7573,  is  not 
conclusive  to  the  board  as  to  competency  or  morality  of  the  teach- 
er. The  fact  that  the  board  has  tolerated  the  teacher's  misconduct 
land  Inefficiency  for  a  time  does  not  operate  as  a  waiver  of  its 
rights  to  discharge  him  therefor,  -as  the  teadher's  undertaking  to 
perform  his  duty  in  a  moral  and  skillful  manner  is  assumed  for  the 
benefit  of  the  school,  its  pupils  and  patrons,  and  not  for  the 
benefit  of  the  aboard.  School  District  of  Port  iSmith  v.  Maury,  53 
4A.rk.,  471. 

Sec.  7685.  Board  shall  establish  schools. — It  shall 
1)6  the  duty  of  said  board,  as  soon  as  the  means  for  that 
purpose  can  be  provided,  to  establish  in  said  district  an 

146 


DIGEST  OF  SCHOOL  LAWS 

^adequate  number  of  primary  schools,  so  located  as  best 
to  accommodate  the  inhabitants  thereof;  and  it  shall  be 
the  further  duty  of  said  board  to  establish  in  said  dis- 
trict a  suitable  number  of  other  schools  of  a  higher 
^^rade  or  grades,  wherein  instruction  shall  be.  given  in 
such  studies  as  may  not  be  provided  for  in  the  primary 
schools ;  the  number  of  schools,  the  grades  thereof,  and 
the  branches  to  be  taught  in  each  and  all  of  said  schools 
to  be.  determined  by  said  board.  It  shall  be  the  duty  of 
said  board  to  keep  said  schools  in  operation  not  less  than 
three  nor  more  than  ten  months  in  each  year.  The  said 
board  shall  have  power  to  make  and  enforce  all  neces- 
sary rules  and  regulations  for  the  government  of  teach- 
ers and  pupils  in  said  schools.  Said  board  shall  also, 
separately  or  collectively,  together  with  such  persons  as 
they  may  appoint  or  invite,  visit  the  schools  in  the  dis- 
trict at  least  twice  in  each  year,  and  observe  the  dis- 
cipline, mode  of  teaching,  progress  of  the  pupils,  and  see 
that  the  teachers  keep  a  correct  register  of  the  pupils, 
embracing  the  periods  of  time  during  which  they  attend 
school,  the  branches  taught,  and  such  other  matters  as 
may  be  required  by  law  or  by  the  instructions  of  the 
state  superintendent.     (lb.,  Sec.  6.) 

Sec.  7686.  Board  shall  order  warrants  drawn. — 
No  draft  or  warrant  shall  be  drawn  on  the  county  treas- 
urer, except  in  pursuance  of  an  order  of  said  board ;  all 
drafts  or  warrants  on  the  treasurer  shall  be  signed  by 
the  president,  or  president  pro  tempore,  and  the  secre- 
tary, and  shall  specify  the  fund  on  which  they  are  drawn 
and  the  use  for  which  the  money  is, assigned.  (/&.,  Sec. 
8.) 

Sec.  7687.  Secretary — Duties  of. — The  secretary 
shall  record  all  the  proceedings  of  the  board    in    books 

147 


DIGEST  OF  SCHOOL  LAWS 

kept  for  that  purpose ;  shall  make  and  preserve  copies  of 
all  reports  required  by  law  to  be  made  to  the  state 
superintendent  of  public  instruction  or  county  examiner; 
shall  file  all  papers  transmitted  to  him  pertaining  to  the 
business  of  the  district ;  shall  make,  or  cause  to  be  made, 
the  annual  enumeration  of  the  youth  of  the  district  in 
the  time  and  manner  required  by  law  of  school  direct- 
ors, and  shall  perform  such  other  duties  as  the  board  of 
directors  may  order  and  direct;  and  for  his  services  may 
be  allowed  reasonable  compensation,  to  be  audited  and 
allowed  by  a  majority  of  said  board.  The  other  mem- 
bers of  said  board  shall  receive  no  compensation  for 
their  services.     (lb.,  Sec,  9), 

Sec.  7688.  Board  shall  control  real  property. — Tlie 
title  of  all  real  estate  and  other  property  belonging,  for 
school  purposes,  to  any  city  or  town  organized  into  a 
separate  school  district  under  this  act,  shall  vest,  and 
hereby  is  vested,  in  said  city  or  town,  as  a  school  district 
and  shall  be  under  the  management  and  control  of  the 
board  of  school  directors  for  said  district  as  fully  and 
completely  as  other  school  property  belonging  to  said 
district.     (lb.,  Sec.  10.) 

Sec.  7689.  District  shall  be  known  by  name  of  city. 
— All  school  districts  formed  under  and  governed  by  this 
act  shall  be  known  by  the  name  of  the  city  or  town  con- 
Istituting  the  district,  with  the  words^'School  District  of 
prefixed  thereto  (as,  for  example,  ''School  District  of 
Little  Rock")  ;  and  by  such  name,  may  sue. and  be  sued, 
contract  and  be  contracted  with,  purchase,  acquire,  hold 
and  sell  property,  receive  gifts,  grants  and  bequests,  and. 
generally  shall  possess  and  enjoy  all  the  corporate  pow- 
ers usually  possessed^by  bodies  corporate  of  like  char- 
Acter.    The  style  of  the  board  of  directors  for  school  dis- 

148 


DIGEST  OF  SCHOOL  LAWS 

"tricts  under  this  act  shall  be  **Board  of  School  Directors.'* 
</6.,  Sec,  11.) 

Sec.  7690.  Board  shall  pay  all  debts. — The  board 
of  school  directors  of  any  district  organized  under  this 
act  shall  pay  and  discharge  all  debts  and  liabilities  law- 
fully incurred  by  the  several  school  districts  existing 
under  previous  law  and  embraced  in  the  district  organ- 
ized under  this  act.     (ib,.  Sec,  12.) 

Sec.  7691.  Penalty  for  failure  to  qualify. — Any 
person  elected  a  director  under  the  provisions  of  this  act 
who  shall  fail  to  take  the  oath  of  office  and  qualify 
as  herein  required,  or  who,  after  qualifying  as  ^\xch 
director,  shall  fail  to  perform  and  discharge  the  official 
duties  incumbent  upon  him  as  a  director,  shall  be  liable 
to  the  same  penalties  that  now  are  or  may  be  hereafter 
provided  by  law  against  directors  of  school  districts  for 
failing  or  refusing  to  qualify,  or  for  neglect  of  official 
duty.     (76.,  Sec.  13.) 

Sec.  7692.  May  appoint  and  fix  term  of  examin- 
ers,— The  board  of  directors  may  fix  the  term  of  office 
'and  define  the  duties  of  the  board  of  visitors  and  exam- 
iners of  the  public  schools  in  their  district,  and  any  per- 
son appointed  by  the  board  of  directors  a  member  of 
said  board  of  visitors  and  examiners  who  shall  refuse  to 
act  as  such,  and  discharge  the  duties  pertaining  to  such 
position,  shall  forfeit  and  pay  to  said  district  the  sum  of 
«twenty-five  dollars,  to  be  recovered  in  civil  action  in  the 
name  of  said  district,  and  added  to  the  teachers'  fund  be- 
longing to  said  district.  Provided,  no  person  shall  be 
compelled  to  serve  in  that  capacity  more  than  three  con- 
secutive years.    Said  board  of  visitors    and    examiners 


149 


rXLGEST  OF  SCHOOL  LAWS 

shall  receive  no  compensation  for  their  services.     (lb,. 
Sec.  14.) 

Sec.  7693.  Special  districts  shall  have  share  of 
general  fund, — All  school  districts  organized  under  this 
act  shall  have  and  receive  their  full  proportion  and  dis- 
tributive share  of  the  general  school  fund  of  the  state,, 
in  the  same  manner  and  according  to  the  same  rule  as  it 
is  or  may  be  apportioned  to  other  districts.  (/6.,  Sec^ 
15.) 

Sec.  7694.  Superintendent  and  examiner  may  sui- 
gest. — It  shall  be  the  duty  of  the  state  superintendent 
and  county  examiners  to  make  such  suggestions  and 
recommendations  to  the  board  of  directors  in  relation  to 
organizing  and  conducting  the  public  schools  in  the  dis- 
tricts organized  under  this  act  as  they  shall  deem  im- 
portant. 

Sec.  7695.  General  school  law  shall\  apply. — The- 
provisions  of  the  general  school  laws  of  the  state  which 
are  now  or  may  hereafter  be  in  force,  when  not  inap- 
I)licable,  and  so  far  as  the  same  are  not  inconsistent  with- 
and  repugnant  to  the  provisions  of  this  act,  shall  apply 
to  districts  organized  under  this  act;  and  such  pro- 
visions of  said  laws  as  are  inconsistent  with  and  re- 
pugnant to  the  provisions  of  this  act  and  inapplicable  to 
districts  organized  thereunder,  shall  have  no  operation, 
force  or  effect  in  such  districts.  The  county  court  shall 
annex  contiguous  territory  to  jingle  school  districts  un- 
der the  provisions  of  this  act,  when  a  majority  i  of  the 
legal  voters  of  said  territory  and  the  board  of  directors 
of  said  single  district  shall  ask,  by  petition,  that  the- 
jsame  shall  be  done.     (Ih.,  Sees.  16  and  17.) 

150 


DIGEST  OF  SCHOd*  LAWS 

Sec.  7695-a. — Electors  may  organize  any  given  ter-^ 
ritory  into  special  school  districts.  1.  That  when  the 
people  of  any  given  territory  in  any  county  in  this  state,, 
other  than  incorporated  cities  and  towns,  desire  to  .avail 
themselves  of  the  heneiits  of  all  laws  of  this  state,  for 
the  regulation  .of  public  schools  in  incorporated  cities  or 
towns,  they  may  be  organized  into  and  established  as  a 
single  school  district  in  the  manner  and  with  powexs 
therein  provided,  with  such  modifications  of  said  laws 
as  are  herein  provided.  {Acts  1909,  Act  321.  Approved 
May  31,  1909.)  {Amended  by  Act  169,  Acts  of  1911. 
See  Sees.  7519-a  et  seq.) 

Sec.  7695-b. — Betitions  to  be  accompanied  by  maps 
showing  territory  affected.  2.  That  the  petitions  pro- 
vided for  in  Section  7669  of  Kirfcy's  Digest  of  the  laws 
of  Arkansas  shall  be  accompanied  by  a  map  showing  the 
territory  asked  to  be  made  into  the  special  district  and 
shall  be  presented  to  the  county  judge  of  the  county  con- 
taining such  territory,  who  shall  perform  the  duties  im- 
posed upon  the  mayor  of  cities  and  towns  in  said  original 
Act,  and  with  like  force  and  effect  and  said  county  judge 
shall  designate  the  time  and  place  for  holding  the  ejec- 
tion provided  for  therein,  and  shall  appoint  three  quali- 
fied electors  of  the  proposed  territory  to  hold  said  elec- 
tion. 

Sec.  7695-c. — Districts  to  have  poiver  to  \  borrow 
money.  3.  That  all  school  districts  created  under  this 
Act  .shall  have  the  power  to  borrow  money  as  any  other 
spe.cial  or  single  district,  in  cities  or  incorporated  towns, 
when  a  majority  of  the  legal  electors  vote  for  the  same, 
at  any  annual  school  meeting. 

Repealing  Clause  :    All  laws  and  parts  of  laws  in 

151 


DIGEST  OF  SCHOOL  LAiWS 

conflict  with  this  Act  are  hereby  repealed  and   this  Act 
be  in  force,  and  effect  from  and  after  its  passage. 

BUlRAiL  SPECIAL  SCHOOL  DISTRilCT— Organization  of.— 
Under  the  authority  of  Acts  1909,  o.  321,  any  given  territory  in  any 
given  county,  outside  of  incorporated  cities  and  towns  and  the  ter- 
ritory annexed  thereto  for  school  purposes,  may  be  organized  into 
a  rural  special  school  district,  except  territory  already  included 
Within  a  special  school  district.    Bonner  v.  Snipes,  103,  Ark.,  298. 

SAME. — Petition — iResidence  of  petitioners. — ^Where  a  petition 
l/B  presented  to  t(he  court  to  establish  a  rural  special  school  dis- 
trict, out  of  territory  composed  of  several  common  school  districts, 
under  Acts  1909,  c.  321;  it  is  immaterial  where  the  petitioners  re- 
side, provided  they  reside  within  the  territory  affected.     (Ibid.) 

SAME. — When  rural  special  school  districts  created. — ^A  rural 
special  school  district  is  created  under  Acts  1909,  c.  321,  whenever 
&  majority  of  the  qualified  electors  within  the  territory  named  in 
the  petition  vote  for  its  establishment.     (Ibid.) 

SAME. — (How  rural  special  school  district  created. — No  offi- 
cial canvass  of  votes  upon  the  question  of  establishing  a  rural  spe- 
cial school  district  is  provided  by  Acts  1909,  c.  321,  nor  is  it  neces- 
sary that  tlhe  county  court  shall  make  or  enter  of  record  any  orders 
as  to  such  special  election  or  relative  to  the  establishment  of  such 
district.     (Ibid.) 

iSAMiB. — 'Establishment. — Where  a  majority  of  the  voters  with- 
in certain  territory  voted  to  form  a  rural  special  school  district, 
under  Acts  1909,  c.  321,  it  was  not  within  the  province  of  the  coun- 
ty court  to  limit  the  purpose  for  which  the  district  was  formed  by 
atating  that  certain  schools  for  colored  clhildren  should  remain  as 
heretofore,  nor  can  it  affect  the  validity  of  the  organization  or 
establishment  of  the  district  that  the  petition  praying  for  its  forma- 
tion, stated  that  such  schools  should  be  maintained  as  before. 
<Ibid.) 

SAME. — ^Creation  of  new  district — ^Diversion  of  funds. — ^Where 
several  common  school  districts  are  combined  into  one  rural  spe- 
cial school  district,  the  school  taxes  previously  levied  and  collected 
by  such  common  sdhool  districts  and  turned  over  to  the  new  dis- 
trict are  not  wrongfully  diverted  within  Art.  14,  Sec.  2,  of  the 
tjonstitution,  since  all  the  money  so  collected  will  he  expended  for 
the  benefit  of  the  inhabitants  of  such  district.  Bonner  v.  Snipes, 
103  Ark.,  298. 

SiCHOOLS. — ^Formation  of  rural  special  school  district. — Ter- 
ritory once  organized  and  established  into  a  rural  special  school 
district,  under  act  of  May  31,   1909,  as   amended  by  act  April  7, 

152 


DIGEST  OF  SCHOOL  UAWS 

'1911,  can  not  be  cut  off  and  included  within  anotiher  rural  special 
school  district.    Crow  v.  Special  District  No.  2,  102  Ark.,  401. 

Sec.  7696. — Special  free  school  districts  .may  .bar- 
row  money.  1.  All  special  free  school  districts  in  thte 
State  of  Arkansas  are  hereby  authorized  and  empower- 
ed for  the  purpose  of  raising  funds  for  the  erection  and 
equipment  of  necessary  school  buildings,  to  borrow 
money  and  mortgage  the  real  property  of  the  district  as 
security  therefor,  under  such  conditions  and  regulations 
as  to  amount,  time  and  manner  of  payment  as  the  board 
of  directors  of  said  school  district  shall  prescribe,  and 
renew  and  extend  from  time  to  time,  any  evidence  of  in- 
debtedness or- mortgage,  or  both,  issued  or  made  by  vir- 
tue thereof,  and  to  refund  such  indebtedness  and  exe- 
cute new^  evidences  of  indebtedness  and  mortgages 
therefor.     {Act  25,  Approved  Feb.  1th,  1913.) 

Sec.  7697.  Notes  and  warrants  valid. — Said  evi- 
dence of  indebtedness,  whether  warrants  or  promissory 
notes,  or  both,  and  mortgages,  shall  be  in  form  in  all 
respects  as  other  instruments  of  like  kind  are  required 
by  law  to  be,  and  shall  have  the  same  force  and  effect  as 
they  would  if  executed  by  natural  persons,  and  the  war- 
rants shall  have  the  same  validity  as  they  would  if  there 
were  money  in  the  county  treasury  to  pay  the  same  at 
the  time  they  were  drawn,  and  may  be  drawn  payable  in 
the  future  and  need  not  be  registered  with  the  county 
treasury  until  the  time  for  payment,  but  shall  be  drawn 
upon  the  building  fund  and  paid  out  of  it  in  the  order  of 
their  date,  as  the  building  fund  is  provided  and  collected 
by  successive  levy  and  collection,  and  said  special  school 
dii^tricts  shall  be  allowed  in  law  or  equity  no  defense 
jnerely  by  reason  of  the  fact  that  it  is  a  school  district. 
{Ibid,  Sec.  2.)  , 

153 


DIGEST  OF  SCHOOL  LAWS 

Sec.  7698.  District  shall  have  rights  of  natural 
person. — Nothing  in  this  act  shall  be  so  construed  as  to 
prevent  or  cut  off  from  any  such  school  district  any 
right  in,  law  or  equity  which  a  natural  person  might 
claim  and  assert  in  like  circumstances;  and  in  any  ac- 
tion by  or  against  said  distriCjt  arising  on  any  instrument 
or  contract  made  under  this  act,  the  district  shall,  as  far 
as  practicable,  be  deemed  and  treated  as  natural  persons. 
(lb.,  Sec,  S.) 

This  general  act  impliedly  repealed  the  special  act  passed 
earlier  the  same  session  authorizing  special  school  of  Fordyce  to 
horrow  money  to  the  amount  of  $r5,000.00.  Hampton  v.  Hickey, 
«8  Ark.  3'24,  114  S.  .W.  707. 

STATE  BOARD  OF  EDUCATION. 
(State  High  School  Board.) 

Sec.  7699-a  (See  Sec.  74Si-a)— Board  created; 
composed  of  whom.  1.  A  board  consisting  of  the  State 
Superintejiden|t  of  Public  Instruction,  the  President  of 
the  University  of  Arkansas,  and  a  city  superintendent 
of  schools  or  a  high  school  principal  of  this  State,  said 
superintendent  or  high  school  principal  to  be  appointed 
by  the  Governor,  is  hereby  established,  said  board  shall 
be  known  as  the  State  High  School  Board,  and  shall  per- 
form any  duties  hereinafter  prescribed  until  such  time 
as  a  State  Board  of  Education  is  created  by  the  Legis- 
lature. When  said  State  Board  of  Education  is  created 
the  duties  hereby  conferred  upon  the  State  High  School 
Board  shall  devolve  upon  said  State  Board  of  Education. 
The  city  superintendent,  or  high  school  principal,  con- 
stituting the  third  member  of  said  board  as  herein  pro- 
vided, shall  hold  his  office  for  a  period  of  four  years  and 
until  his  successor  is  appointed  and  qualified,  unless  a 
State  Board  of  Education  is  created  before   the   expira- 


154 


DrG-EST  OF  SOHOOL  LAWS 

tion  of  said  four  years.  When  said  State  Board  of  Edu- 
cation is  created,  said  State  High  School  Board  shall 
turn  over  its  records  and  all  unexpended  funds  held  by 
it  together  with  all  other  property  to  the  State  Board  of 
Education.  The  members  of  the  State  High  School 
Board,  as  provided  for  herein  shall  not  receive  any 
compensation  for  their  services  on  said  board  other  than 
traveling  and  necessary  expenses  incident  to  the  per- 
formance of  their  duties  in  carrying  out  the  terms  of 
this  Act.  Provided,  the  State  Superintendent  of  Public 
Instruction  shall  receive  no  compensation  for  any  ex- 
penses as  a  member  of  said  board.  (Acts  1911,  Act  328. 
Approved  May  SOth^  1911.) 

Sec.  7699-&. — Board  to  organize.  2.  Said  State 
High  School  Board  (State  Board  of  Education)  shall 
organize  by  electing  one  of  its  members  chairman  and 
one  secretary.  It  shall  adopt  such  rules  and  regulations 
for  the  conduct  of  its  business  as  it  may  deem  expedient. 

Sec.  7699-c. — To  classify  High  Schools  of  State.  3. 
It  shall  be  the  duty  of  said  State  High  School  Board 
(State  Board  of  Education)  to  classify  the  high  schools 
of  the  State,  receiving  aid  as  provided  herein,  into  four 
year  high  schools,  three  year  high  schools  and  two  year 
high  schools  and  establish  normal  training  departments 
in  such  four  year  high  schools  as  provided  herein. 

Sec.  7699-cZ. — Board  to  designate  schools  in  which 
normal  training  may  be  established.  4.  The  State  High 
School  Board  (State  Board  of  Education)  shall  designate 
the  four  year  high  schools  in  which  normal  training  de- 
partments shall  be  established  and  shall  prescribe  the 
courses  of  study  to  be  adopted  and  taught  in  said  schools 
in  connection  with  the  regular  high  school  courses.    Said 


155 


DIGEST  OF  SCHOOL  LAWS 

"board  shall  determine  by  proper  examination,  the  qualifi- 
■cations  of  all  teachers  employed  in  said  normal  depart- 
ments and  approve  their  selection.  The  object  of  said 
normal  department  'i^s  to  instruct  teachers  in  the  best 
raethods  of  organization,  teaching  and  managing  the 
common  schools  of  the  State. 

Sec.  7699-6.-70  be  only  one  of  any  such  schools  in 
^any  07ie  county, — The  State  High  School  Board  {State 
Boao^d  of  Education)  shall  not  aid  more  than  one  high 
school  in  any  one  county  for  normal  training  purposes; 
-shall  not  designate  for  normal  training  purposes  any  four 
year  high  school  having  fewer  than  three  teachers  devot- 
ing their  entire  time»  to  high  school  instruction,  in  addi- 
tion to  the  normal  training  teacher.  Any  school  receiving 
aid  from  the  State  High  School  Board  {State  Board  of 
Education)  for  the  training  of  teachers,  as  herein  provid- 
ed shall  provide,  at  its  own  expense,  a  professional  libra- 
ry for  said,  school  -to  be  approved  by  the  State  Superin- 
tendent of  Public  Instruction.  No  student  shall  be  gradu- 
ated from  the  normal  training  department  of  said  school 
who  has  not  completed  the  full  four  years'  course  pre- 
scribed for  high  schools,  including  the  normal  school 
work.  All  money  received  from  the  State  in  aid  of  high 
schools  having  a  normal  training  department  shall  be 
-expended  for  teaching  in  the  normal  training  department. 
Acts  1911,  Act  328.     Approved  May  30,  1911. 

Sec.  7699-f. — Graduates  to  he  licensed  without  fur- 
ther examination. — The  Superintendent  of  Public  In- 
struction shall  issue  to  graduates  of  normal  training  de- 
partments, as  herein  provided,  who  are  of  good  moral 
character,  a  certificate,  entitling  them  without  further 
examination  to  a  license  to  teach  in  any  of  the  common 
-schools  of  this  State  for  a  period  of  two  years.     Aft(?r 


156 


DIGEST  OF  SCHOOL.  LAWS 

twelve  months  of  successful  teaching,  said  certificate  may 
be  raised  to  a  full  normal  training  school  certificate,  with- 
out further  examination  of  the  holder  thereof,  which 
shall  entitle  him  to  teach  in  any  of  the  common  schools  of 
the  State  for  a  period  of  six  years ;  provided,  the  holder 
of  said  certificate  shall  pursue  the  professional  course  of 
reading  prescribed  by  the  State  Superintendent  of  Pub- 
lic Instruction.  Authority  is  hereby  conferred  upon  said 
State  Superintendent  of  Public  Instruction  to  revoke  for 
good  cause  shown,  any  certificate  issued  in  pursuance  of 
the  terms  and  provisions  of  this  Act.  {Acts  1911,  Act 
328.     Approved  May  30,  1911.) 

Sec.  7699-5r. — Who  entitled  to  free  tuition, — All  chil- 
dren of  any  county,  in  which  is  located  a  high  school  re- 
ceiving State  aid  as  herein  provided,  who  shall  have  fin- 
ished the  elementary  course  of  study  as  prescribed  by  the 
State  Superintendent  of  Public  Instruction  shall,  on  ap- 
plication, be  admitted  to  said  high  school  free  of  tuition, 
as  provided  herein.  (Acts  1911,  Act  328.  Approved  May 
30,  1911.) 

Sec.  7699-/1. — Pupil  to  furnish  elementary  certifi- 
>cate. — Any  pupil,  whether  of  the  county  in  which  said 
high  school  is  located,  or  other  county,  desiring  to  avail 
himself  of  the  provisions  of  this  Act  shall  present  to  the 
principal  of  said  high  school  a  certificate  from  the  princi- 
pal of  the  school  in  which  he  finished  his  elementary 
course,  showing  that  he  has  completed  same.  Said  certifi- 
cate shall  be  approved  by  the  county  examiner,  or  county 
superintendent  of  the  county  from  which  said  pupil  comes 
Said  certificate  shall  also  show  that  said  pupil  is  of  good 
moral  character.  If  the  principal  of  said  high  school  is 
not  satisfied  with  the  evidence  produced  as  to  the  qualifi- 
cations and  character  of  said  applicant,  he  may  require-. 

157 


DIGEST  OF  SCHOOL.  LAWS 

said  applicant  to  submit  to  further  examination.       (Acts 
1911,  Act  328. ,   Approved  May  30,  1911.) 

Sec.  7699-i. — All  teachers  to  he  admitted  free. — All 
teachers  of  common  schools  in  any  county  of  this  State, 
regardless  of  their  age,  in  which  is  located  a  high  school, 
receiving  State  aid, -as  provided  herein,  shall  without 
charge,  be  admitted  to  said  schools.  Any  teacher,  desiring 
to  take  advantage  of  this  Act,  shall  present  to  the  princi- 
pal of  said  school  a  certificate  from  the  county  examiner, 
or  county  superintendent,  of  the  county  in  which  said 
school  is  located,  showing  that  he  is  a  teacher  in  the  com- 
mon schools  of  the  county  and  entitled  to  free  tuition  un- 
der this  Act.  (Acts  1911,  Act  328.  Approved  May  30, 
1911.) 

Sec.  7699-y. — Those  not  entitled  to  free  tuition  to  pay 
$1.50  in  advance. — The  tuition  of  students  who  are  resi- 
dents of  a  county  having  no  high  school,  desiring  to  at- 
tend high  school  shall  be  $1.50  each  month  in  advance. 
P.  shall  be  the  duty  of  the  district  from  which  a  pupil 
comes,  to  pay  said  tuition  out  of  the  common  school  fund 
belonging  to  the  district ;  provided,  said  district  is  finan- 
cially able  to  maintain  its  common  school  or  schools  six 
nionths  during  each  year.  In  the  event  said  district  has 
not  sufficient  funds  to  maintain  its  school  or  schools  six 
months  in  the  year,  then  the  pupil  applying  for  admission 
in  said  high  school  shall  pay  the  tuition  herein  specified. 
(Acts  1911,  Act  328.     Approved  May  30,  1911.) 

Sec.  7699-A;. — Tuition  how  paid. — It  shall  be  the 
duty  of  the  school  board  of  any  district  under  Obligation 
to  pay  the  tuition  provided  for  under  this  Act,  having  a 
pupil  or  pupils  attending  the  high  school,  to  draw  its  war- 
rant in  favor  of  the  school  board  of  said  high  school    at- 

158 


DIGEST  OF  SCHOOL  LAWS 

tended  by  said  pupil  upon  receipt  of  bills  from  the  secre- 
tary of  the  school  board  of  said  high  schools.  (Acts 
1911,  Act  328.     Approved  May  30,  1911. 

Sec.  7699-?. — Board  to  supervise  distribution  of  all 
funds, — The  State  High  School  Board  (State  Board  of 
Education)  shall  supervise  the  distribution  of  all  funds 
derived  in  aid  of  high  schools ;  prescribed  rules  and  regu- 
lations governing  the  distribution  of  all  funds  received; 
require  annual  reports  from  all  high  schools  receiving 
state  aid ;  prepare  and  publish  courses  of  study  for  said 
schools  and  require  general  conformance  to  such  courses 
of  study  as  may  be  prescribed  for  said  schools  and  pro- 
vide for  the  inspection  of  said  high  schools.  Authority  is 
hereby  conferred  upon  the  State  High  School  Board 
(State  Board  of  Education)  in  its  discretion  to  withdraw 
aid  from  any  and  all  schools  failing  to  comply  with  the 
terms  and  conditions  of  this  Act. 

Sec.  7699-m. — What  city  schools  not  entitled  to  state 
aid. — No  State  aid  for  general  school  purposes  shall  be 
granted  to  a  school  in  any  city  or  town  having  over  3500 
inhabitants,  as  shown  by  the  last  census ;  provided,  that 
this  restriction  shall  not  apply  to  state  aid  for  the  en- 
couragement of  normal  training.  State  aid  shall  not  be 
granted  to  a  high  school  with  fewer  than  twenty-five 
high  school  students ;  provided,  State  aid  may,  at  the  dis- 
cretion of  the  State  High  School  Board  (State  Board  of 
^Education)  for  a  period  not  to  exceed  two  /ears,  be  ex- 
tended to  rural  high  schools  having  not  fewer  than  fifteen 
high  school  students.  The  funds  received  for  State  aid 
to  high  schools  shall  be  expended  in  the  payment  of  the 
salaries  of  high  school  teachers  only  and  State  aid  shall 
be  granted  to  no  school  for  whose  support  the  district,  in 
which  said  school  is  located,  does  not  expend  upon    its 


159 


DIGEST  OF  SCHOOL  LAWS 

high  school  department  an  amount  equal  to  the  aid  ex- 
tended by  the  State. 

Sec.  7699-71. — Funds,  how  distributed. — In  the  dis- 
tribution of  State  Aid  for  general  high*  school  develop- 
ment, the  board  may,  at  its  discretion,  grant  to  any  four 
year  high  school  in  any  one  year,  in  sums  not  to  exceed 
eight  hundred  ($800.00)  dollars;  to  a  three  year  high 
school  in  any  one  year,  any  sum  not  to  exceed  six  hundred 
($600.00)  dollars;  to  a  two  year  high  school  in  any  one 
year,  any  sum  not  to  exceed  four  hundred  ($400.00)  dol- 
lars; pro-vided,  said  board  shall  not  grant  to  the  schools 
of  any  one  county  more  than  five  per  cent  of  the  total 
funds  provided  by  this  Act  for  aid  to  high  schools.  In 
distributing  aid  for  normal  training  the  boara  may  not 
appropriate  annually  to  any  one  high  school  over  one 
thousand  ($1,000.00)  dollars;  provided  further,  that  no 
high  school  shall  receive  annually  for  general  high  school 
development  and  normal  training  an  amount  in  excess  of 
one  thousand  ($1,000.00)  dollars. 

Sec.  7699-0. — Makes  appropriation. — For  the  purpose 
of  defraying  the  expense  of  said  board  and  carrying  out 
the  terms  and  conditions  of  this  Act  in  developing  and 
aiding  high  schools,  as  herein  provided,  the  sum  of  forty 
thousand  ($40,000.00)  dollars,  or  so  much  thereof  as  may 
bi:  necessary  is  hereby  appropriated  out  of  the  common 
school  fund  of  the  State,  each  year;  and  for  the  purpose 
of  normal  training  in  normal  training  departments  to 
said  high  schools,  as  provided  herein,  the  sum  of  ten 
thousand  ($10,000.00)  dollars,  or  so  much  thereof  as  may 
be  necessary  is  hereby  appropriated  out  of  the  common 
school  fund  of  the  State,  each  year. 

Sec.  7699-2?. — Hoiv  money  expended. — All     moneys 
?60 


DIGEST  OF  SCHOOL  LAWS 

expended  by  the  State  High  School  Board  {State  Board 
of  Education) ,  under  the  terms  of  this  Act,  shall  be  by 
certificate  to  the  State  Auditor,  signed  by  the  chairman- 
and  secretary  of  said  board.  The  State  Auditor  on  pr<3- 
se.ntation  of  said  certificate,  properly  signed,  shall  issue 
his  warrant  on  the  State  Treasurer  for  the  amount  naitied 
in  the  certificate  and  it  shall  be  the  duty  of  the^  State 
Treasurer  to  pay  the  county  treasurer  of  the  county  whexe 
in  the  high  school,  receiving  the  State  aid  specified. in  the 
certificate,  upon  which  said  warrant  was  issued,  is  situ- 
ated, the  amount  thereof,  out  of  any  unexpended  balance 
of  money  appropriated  by  this  Act,  remaining  in  the,  Siaie 
Treasury.  The  county  treasurer,  receiving  money  .under 
the  terms  of  this  Act,  shall  place  the  same  to  the  clrMit  of 
the  district  in  which  is  situated  the  high  school,  receiving 
such  State  aid  and  such  money  for  the  pui'pos^;  as  herein 
provided,  may  be  drawn  from  the  county  treasury' upoai 
the  warrants  of  the  directors  of  said  school  district,  as 
provided  by  law.  .Provided,  no  officer  shall  receive  any 
commission  or  per  cent  for  handling  any  of  the  f un^ds  ap- 
propriated or  disbursed  under  the  terms  of  this  Act.'    ' 

Repealing  Clause:  All  laws  and  parts  of  laws  iti 
conflict  with  this  Act  are  hereby  repealed,  and  this  Act 
being  for  the  protection  of  the  public  peace,  health  and 
safety,  shall  go  into  effect  and  be  in  force  from  and  after, 
its  passage.     {Approv^ed  May  3'0,1911.) 

SCHOOL  LANDS.  _    ^ 

Sec.  7700.  Inhabitants  may  petition  for  sale,-- — 
Whenever  the  inhabitants  of  any  congressional  township 
in  this  state  shall  desire  the  sale  of  the  sixteenth  section 
of  such  ownership,  or  of  any  lands  substituted  theref  ory  or 
any  which  have  been  or  may  be  mortgaged  to  the.  State 

161 


DIGiEST  OF  SCHOOL  LAWS 

*of  Arkansas  for  the  use  of  the  school  fund,  which  after 
foreclosure  and  sale  have  been  stricken  off  to  the  State  of 
Arkansas,  they  may,  by  written  petition,  signed  by  a 
majority  of  the  adult  male  inhabitants  of  such  township 
-require  the  collector  of  taxes,  or  if  there  be  no  collector, 
then  the  sheriff  of  the  county  wherein  such  land  is  situ- 
ated to  sell  the  same.  For  the  purpose  of  making  sales 
of  any  of  the  lands  mentioned  in  this  section,  the  sheriff 
is  hereby  vested  with  all  powers  now  conferred  by  law 
upon  collectors. 

^  The  a,uthority  to  direct  a  sale  of  the  sixteenth  section  of  land 
\b  vested  in  the  male  inhabitants  of  the  Congressional  township 
tn  which  it  lies.  The  county  court  (has  the  right  to  reject  the  sale 
iwhen  made,  but  in  doing  so,  should  direct  that  it  be  .resold  at  a 
^inlmum  price  not  exceeding  its  full  value,  and  ndt  less  than  two- 
jthlrds  of  its  appraisement,  nor  less  than  $1.25  per  acre.  Ex  parte 
;Younig,  74  Ark.  363,  8'5  S.  W.  1133. 

Sec.  7701.  Collector  shall  divide  land. — Upon  the 
reception  of  such  petition,  the  collector  shall  ascertain 
that  it  is  signed  by  a  majority  of  the  male  inhabitants  of 
such  township  and  shall  immediately  proceed  to  divide 
the  land  into  40-acre  tracts,  and  after  making  such  divis- 
ion, a  statement  or  plat  of  same  and  number  of  each 
tract  shall  be  made  so  that  the  boundaries  may  be  de- 
fined and  ascertained,  which  statement  or  plat  of  the  sec- 
tions shall  be  used  as  a  guide  in  advertising  and  selling 
said  lands;  provided,  the  collector  may,  when  necessity 
requires  it,  call  the  county  surveyor  of  his  county  to  as- 
sist in  such  survey  and  division,  and  he  shall  be  allowed 
and  paid  out  of  the  funds  arising  from  the  sale  of  such 
school  lands  by  said  collector  such  compensation  as  he  is 
allowed  by  law  for  similar  services,  and  the  receipt  of 
such  surveyor  to  said  collector  shall  be  a  sufficient  vouch- 
er for  the  money  so  paid. 

162 


DIGEST  OF  SCHOOL  LAWS 

,  Directors  can  confer  no  authority  to  cut  timber  on  school 
J4ands,  and  one  who  does  so  by  their  authority,  under  an  agree- 
anent  with  them  to  pay  the  value,  commits  a  trespass  for  whidh  he 
may  be  sued  by  the  state.  Widner  v.  State,  49  Ark.,  172.  The 
l'«egal  title  to  school  lands  is  in  the  state,  and  a  S'Chool  district 
'/cannot  maintain  an  action  for  such  lands.  lb.;  School  District  v. 
jDriver,  50  Ark.,  346.    See  State  v.  Morgan,  52  Ark.,  150. 

Sec.  7702.  No  tract  more  than  forty  acres. — In 
subdividing  the  sixteenth  section  land  for  sale  no  tract 
shall  contain  more  than  forty  acres,  and  the  division  may- 
be made  into  tov^n  or  city  lots  v^ith  roads,  streets  or  alleys 
'between  them. 

Sec.  7703.  Land  shall  be  appraised, — The  collector 
shall  cause  each  tract  or  sub-division  of  such  school  land 
to  be  appraised  at  a  fair  value  by  three  disintereseted 
householders  of  the  county,  each  of  whom  shall  take  an 
oath  which  shall  be  endorsed  upon  the  appraisement  that 
he  does  not  desire  or  intend  to  buy  said  land  or  any  part 
thereof,  and  that  he  will  not  direcly  or  indirectly  be  or 
become  interested  in  the  purchase  thereof  at  the  sale  to 
be  made  by  the  collector ;  such  appraisement  shall  be  re- 
turned to  the  collector. 

Sec.  7704.  Compensation  of  appraisers. —  When 
any  sheriff  in  any  county  in  .this  state  shall  summon  any 
householder  to  view  and  appraise  any  sixteenth  section 
lands,  as  is  now  provided  by  law,  said  appraisers  shall  re- 
ceive for  their  services  the  sum  of  one  dollar  and  fifty 
cents  per  day  for  each  day  they  are  engaged  in  such  ser- 
vice; and  it  is  the  duty  of  the  sheriff  to  certify  to  the 

'County  court  the  number  of  days  that  appraisers  have  been 
detained  on  or  by  reason  of  such  services,  which  certifi- 
cates shall  be  sufficient  evidence  for  the  auditing,  allow- 

.ance  and  payment  of  said  claim  by  said  county  court. 

Sec.  7705.     Collector  shall  give  notice  of  sale. — The 

163 


DIGEST  OF  SCHOOL  LAWS 

collector  shall  then  ^ive  notice  that  he  will  sell  the  said> 
school  lands  at  the  court  house  door  of  the  county  on  the 
first  day  of  the  next  term  of  the  county  court  upon  the 
terms  prescribed  by  law.  Such  notice  shall  be  published 
in  some  newspaper  published  in  the  county  where  the  land 
i<  situated  at  least  four  weeks  before  the  day  of  the  sale. 
If  there  be  no  newspaper  published  in  said  county,  then 
the  collector  shall  post  up  written  notices  in  at  least  six 
of  the  most  public  places  of  the  county  four  weeks  before 
the  day  of  the  sale. 

The  collector  shall  also  in  either  case  put  up  a  copy 
of  the  notice  upon  the  schoolhouse  situated  on  the  land, 
if  there  be  one  thereon ;  if  not,  at  the  most  pubic  place  on 
the  land. 

Sec.  7706.  Land,  sold  at  public  sale — When  held. — 
Upon  the  day  of  sale,  the  collector  shall  offer  the  lands  ^ 
at  public  auction  in  separate  subdivisions,  beginning  with 
number  one  and  ending  with  the  last  mentioned  division. 
Such  sale  shall  be  made  between  the  hours  of  12  m.  and 
3  p.  m.,  but  may  be  continued  from  day  to  day  at  the 
same  place  and  between  the  same  hours  until  all  have 
been  sold  or  offered.  The  sale  shall  be  made  for  cash.  If 
any  bidder  shall  fail  to  perfect  his  bid  by  paying  the  cash, 
the  collector  shall  immediately  resell  the  land  and  the  bid- 
der shall  be  responsible  for  the  difference  between  his  bid 
and  the  price  at  which  the  land  sold,  which  may  be  recov-  . 
ered  from  him  by  the  collector,  in  action  for  the  use  of  the 
township,  and  the  collector  shall,  if  necessary,  at  once  in- 
stitute suit  against  such  bidder  to  recover  the  amount  of 
difference  between  his  bid  and  the  price  at  which  the 
land  sold.  No  tract  or  sub-division  shall  be  sold  for  less 
than  three-fourths  of  its  appraised  value ;  provided,  no 
tract  or  sub-division  of  the  sixteenth  section  lands  shall 


164 


DIGtEJST  OF  SCHOOL.  UAWIS 

^e  sold  at  a  less  price  than  one  dollar  and  twenty-five 
<jents  per  acre.  If  any  tract  offered  is  not  sold  it  may  be 
offered  again  upon  like  notice,  upon  the  first  day  of  the 
next,  or  any  succeeding  term  of  the  county  court,  and  so 
on  until  sold  without  a  new  petition. 

Sec.  7707.  County  court  may  reject  or  approve  sale, 
— The  collector  shall,  without  delay,  report  all  sales  to 
the  county  court,  which  may  reject  or  confirm  the  same. 
If  any  sale  be  I'ejected,  the  county  court  may  direct  the 
collector  to  again  advertise  and  offer  the  land,  and  may 
specify  the  minimum  price  at  which  the  tract  or  tracts 
may  be  sold,  not  to  be  less  than  two-thirds  of  its  appraised 
value.  .  Provided,  no  tract  or  sub-division  of  the  sixteenth 
section  lands  shall  be  sold  at  a  less  price  than  one  dollar 
and  twenty-five  cents  per  acre.  If  the  sale  be  confirmed 
by  the  county  court  the  collector  shall  execute  and  deliv- 
-ej-  to  the  purchaser  a  certificate  in  the  following  form : 

I,  ,  collector  in  and  for  the  county  of 

,  state  of  Arkansas,  certify  that 

has  purchased of  section ,  in  township 

range ,  containing acres  at  

dollars  per  acre,  and  has  paid  to  me  in  full  the  sum  of 
dollars.    The  expense  of  this  sale  was : 

Cost  of  advertising,  $ 

Cost  of  order  of  confirmation,  $ 

Cost  of  rejection  of  prior  sale,  $ 

Surveyor's  fee  (if  any),  $ 

Collector's  commission,  per  cent,  $ 

Leaving  a  net  balance  of  $ in  my  hands  due 

the  sixteenth  (16)  section  fund  account  of  this  county. 

Now,  therefore,  upon  the  presentation  of  this  cer- 
tificate to  the  commissioner  of  state  lands,  the  said 

165 


DIOEST  OF  SCHOOL  UA.WS 

his  heirs  or  assigns,  shall  be  entitled  to  a  deed  from  said* 
commissioner  of  state  lands  for  the  tract  of  land  above 
described. 


Collector  of County. 

In  all  cases  proper  orders  of  confirmation  or  rejec- 
tion shall  be  entered  on  record  by  the  county  court. 

;  The  statute  was  intended  to  give  the  court  authority  to  reject 
;the  sale  on  account  of  inadequacy  of  price  as  well  as  on  account 
of  irregularities  or  unfairness.  In  no  other  way  could  the  court 
completely  protect  the  interest  of  tflie  public.  Williams  v.  State, 
:?('«  Ark.,  ,291,  SS  IS.  W.  9180. 

TITLE  TO  WHAT  LANDS  QUIETED. 

Sec.  7707-a.— 1.     That  Sec.  1  of  Act  183    of  Acts  of  ^ 
1905  of  State  of  Arkansas  be  amended  to  read  as  follows : 

That  any  person  claiming  to  own  land  in  the 
State  known  as  Sixteenth  Section,  or  School  land,  and 
who  is  in  actual  possession,  and  whose  claims  are  based 
on  a  regular  and  unbroken  chain  of  title,  dating  back  to 
1889,  and  to  whose  claim  there  is  no  adverse  claimanr, 
and  on  which  lands  the  taxes  have  been  regularly  paid,, 
that  all  title,  legal  or  equitable,  that  the  State  of  Arkan- 
sas may  have  or  appear  to  have,  in  any  such  land,  is  here- 
by vested  in  such  owner,  or  parties,  now  holding  and  hav- 
ing possession  of  such  Sixte.enth  Section  land,  as  de- 
scribed above.  And  the  State  Land  Commissioner,  upon 
such  proof  being  made  to  him,  is  hereby  directed  to  exe- 
cute a  deed  conveying  to  said  parties  all  the  right  and 
title  the  State  may  have  in  such  lands. 

Repealing  Clause  :     That  all  laws  in  conflict  here- 
with are  hereby  repealed,  and  this  Act  shall  be  in  force- 

166 


-DIGEST  OF  SCHOOL  LAWS 

from  and  after  its  passage.     (Acts  1911,  Act  10,    Ap- 
proved Feb.  2,  1911.) 


Sec.  7708.  Collector-  shall  pay  costs. — Out  of  the 
money  received  by  the  collector  for  the  sale  or  sales  of 
the  sixteenth  section  lands,  he  shall  pay  the  cost  of  adver« 
tising,  cost  of  confirmation  ordex,  cost  of  rejection  of  sale 
(if  any),  surveyor's  fees  (if  any),  and  he  may  retain  for 
his  services  two  per  cent,  of  the  gross  amount  received 
by  him  for  the  sale  of  such  land;  the  residue  of  the  mo- 
ney received  for  the  sale  of  said  land,  after  deducting  the 
expenses  as  are  above  provided  for,  he  shall  at  once 
transmit  to  the  treasurer  of  state,  who  shall  place  the 
amount  to  the  credit  of  the  county's  sixteenth  section 
fund  to  which  it  rightfully  belongs. 

Sec.  7709.  Taxes  on  school  land — Clerk's  duty. — 
The  county  clerks  of  the  several  counties  in  this  state 
shall  examine  carefully  and  closely  the  tax  books  of  their 
respective  counties  and  ascertain  what  person  or  persons 
are  paying  taxes  on  any  part  or  parts  or  the  whole  of 
the  sixteenth  se.ction  lands,  and  it  shall  be  the  further 
duty  of  the  county  clerks  after  ascertaining  from  the  tax 
books  the  names  of  any  person  or  persons  paying  taxes 
on  any  of  the  sixteenth  section  lands,  and  the  numbers 
of  said  lands,  to  examine  the  record  of  deeds  and  find  by 
what  authority  and  whether  any  title  or  titles  vest  in 
said  person  or  persons  in  whose  name  or  names  said  lands 
are  assessed,  and  shall  on  or  before  the  first  Monday  in 
September,  eighteen  hundred  and  eighty-five,  make  and 
forward  to  the  commissioner  of  state  lands  a  full  and 
complete  statement  of  the  exact  status  and  condition  of 
all  of  the  sixteenth  section  lands  in  their  respective,  coun- 
ties.   The  county  clerks  shall  be  allowed  the  sum  of  forty 

167 


DIGEST  OF  SCHOOL  LAWS 

dollars  each  for  their  services  in  making  this  report  and 
it  shall  be  paid  to  them  by  their  respective  counties. 

Sec.  7710.  Clerk  shall  keep  record  of  funds  due 
townships. — The  county  clerks  of  the  several  counties  in 
this  state  shall  keep  in  a  well  bound  book,  provided  for 
that  purpose,  correct  and  accurate  accounts  with  each 
and  every  township  in  their  several  counties,  which  may 
'be  entitled  to  any  of  the  funds  under  this  Act,  and  shall 
immediately  after  each  and  every  sale,  of  any  part  of  said 
sixteenth  sections  certify  to  the  auditor  of  state  the 
amount  of  moneys  received  by  such  collectors  on  account 
of  such  sales,  and  the  auditor  shall  thereupon  charge  the 
.same  to  such  collector. 

Sec.  7711.  Penalty  for  neglect  of  duty. — A  neglect, 
failure  or  refusal  by  any  county  clerk  to  perform  any 
and  all  duties  #nioined  upon  him  by  the  provisions  of  this 
act,  shall  be  deemed  a  misdemeanor,  and  upon  conviction 
thereof,  such  clerk  shall  be  fined  in  any  sum  not  less  than 
one  hundred  dollars,  nor  more  than  five  hundred  dollars, 
for  each  offense,  and  may  be  removed  from  office. 

COLLECTION  OF  CLAIMS  DUE  COMMON  SCHOOL  FUND. 

Sec.  7712.  Attorney  General  shall  appoint  collec- 
tors,— The  attorney  general  of  the  state  of  Arkansas  is 
authorized  and  instructed  to  employ  competent  attorneys 
residing  in  the  counties  in  which  the  lands  are  situated 
to  collect  all  claims  and  notes  due  the  school  fund  arising 
from  the  sale  of  the  sixteenth  section  lands.  Before  tak- 
ing charge  of  any  such  notes  or  claims,  each  of  said  at- 
torneys shall  be  required  to  give  bond  for  the  faithful 
keeping,  collecting  and  accounting  for  same,  as  provided 
for  in  this  act,  in  double  the  sum  of  the  amount  supposed 

168 


DIGEST  OF  SCHOOL.  LAWS 

to  come  into  his  hands,  and  such  security  as  shal]  be  ap- 
proved by  the  circuit  judge  of  the  judicial  circuit  ir* 
which  said  attorney  resides  and  such  bond  when  approved 
shall  be  filed  with  the  commissioner  of  state  lands,  and 
the  commissioner  of  state  lands  shall,  when  such  bond 
has  been  filed  with  him,  turn  over,  or  cause  to  be  lurned 
over  to  the  said  attorney  all  notes  and  claims  due  the 
school  fund  pertaining  to  the  sixteenth  section  lands. 
Said  attorney  may  retain,  as  fees  for  collection,  ten  per 
cent  of  the  gross  amount  collected  by  them  under  the 
provisions  of  this  act.  The  remainder  of  said  gross 
amount,  after  deducting  their  fees,  as  above  provided  for, 
shall  be  by  said  attorneys  transmitted  without  delay  to 
the  treasurer  of  state,  who  shall  place  the  same  to  the 
credit  of  the  sixteenth  section  fund  of  the  county  to  which 
it  rightfully  belongs-,  and  said  attorneys  shall  prepare 
and  forward  to  the  commissioner  of  state  lands  a  state- 
ment for  each  and  every  collection  made  by  them,  setting 
forth  the  name  of  the  maker  of  the  note  or  claim,  the 
date  of  same,  the  dates  of  all  previous  payments  (if  any) 
made  on  such  note  or  claim. 

Sec.  7713.  Treasurer  of  state  shall  issue  receipts. — 
All  moneys  paid  into  the  state  treasury  arising  from  the 
sale  or  collection  of  nates  and  claims  pertaining  to  the 
sixteenth  section  lands,  shall  be  by  the  state  treasurer 
placed  to  the  credit  of  the  county's  sixteenth  section 
fund,  to  which  said  moneys  may  rightfully  belong,  and 
the  treasurer  of  state  shall,  for  each  pajmient  to  him  on 
account  of  the  sixteenth  section  fund,  issue  triplicate  :e- 
ceipts,  one  of  which  receipts  shall  be  filed  with  the  audit- 
or of  state,  one.  filed  with  the. commissioner  of  state  lands 
.and  one  given  to  the  party  making  payment. 

Sec.  7714.     Funds  to   he  invested  in  bonds. — The 

169 


DIGEST  OP  SCHOOL  LAWS 

treasurer  of  state  shall,  by  and  under  the,  direction  of  the 
State  Board  of  Education,  as  soon  as  practicable  after  the 
receipt  of  any  moneys  paid  into  the  state  treasury  on  ac- 
count of  the  sixteenth  section  fund,  invest  the  same  ii*. 
either  United  States  bonds  or  bonds  of  the  State  of  Ark- 
ansas, and  as  interest  accrues  on  said  investment,  he 
shall  collect  same  and  place  to  the  credit  of  the  respective 
counties'  sixteenth  section  fund  accounts,  such  interest 
on  said  investment,  in  the  proportions  to  which  each 
county  is  properly  entitled. 

Sec.  7715.  Funds — how  drawn  and  distributed.- — 
The  interest  accruing  to  the  several  counties  and  town- 
ships that  may  hereafter  be  in  the  state  treasury  shall  be 
drawn  out  of  the  treasury  in  the  same  manner  as  now 
provided  for  by  law  for  drawing  other  funds  due  coun- 
ties, and  when  drawn  shall  be  accounted  for  by  the  coun- 
ty treasurer  in  the  same  manner  as  for  other  county 
funds  thus  drawn,  and  the  county  court  shall  distribute 
and  set  apart  to  the  proper  townships  all  such  sums  and 
fund's  as  shall  be  due  such  township,  either  from  the 
sales  of  sixteenth  sections  in  such  townships,  or  from 
collection  of  notes  belonging  thereto. 

Sec,  7716.  Claims — Turned  over  to  commissioner 
of  state  lands. — ^All  notes,  claims,  bonds,  papers  or  evi- 
dences of  debt  belonging  to  the  school  fund  arising  from 
the  sale  or  sales  of  sixteenth  section  lands,  in  the  hands 
of  the  county  collectors  or  other  persons,  shall  be,  within 
ninety  days  after  the  passage  of  this  act,  turned  over  to 
the  commissioner  of  state  lands. 

Sec.  7717.  Mu^t  pay  claims  in  ninety  days. — AIlv 
county  treasurers,  collectors  or  other  persons,  having  ir 

170 


DIGEST  OF  SCHOOL.  LAWS 

their  possession  any  funds  arising  from  the  sale  or  sales- 
of  the  sixteenth  section  lands,  shall,  within  ninety  days 
after  the  passage  of  this  act,  pay  the  same  into  the  state 
treasury,  and  the  state  treasurer  shall  place  the  same  to 
the  credit  of  the  respective  counties'  sixteenth  section 
fund  accounts  to  which  said  funds  do  rightfully  belong. 
Sec.  7718. — Commissioner  shall  make  deed. — Upon 
the  presentation  to  the  commissioner  of  state  lands  of 
ary  certificate  of  purchase  as  specified  in  Section  7707 
the  commissioner  shall  execute  to  the  purchaser  a  deed 
for  the  lands  therein  described  and  shall  keep  a  full  and 
complete  record  of  all  such  sales  and  of  the  deeds  so  is- 
sued, and  it  shall  be  the  further  duty  of  the  commissioner 
of  state  lands  to  keep  as  correct  records  of  sale  or  sales 
of  the  sixteenth  section  lands  as  the  reports  made  to  him 
from  time  to  time  may  enable  him  to  do.  (Act  March  31, 
1885,  Sec,  2-18.) 

PATENTS. 

Sec.  7727.  Title  may  be  made  to  assignee. — When 
the  purchaser  of  any  portion  of  the  common  school  lands 
has  heretofore  assigned,'  or  may  hereafter  assign,  the 
certificate,  of  purchase  of  such  land,  the  title  thereof  may 
be  made  directly  to  the  last  assignee  of  such  certificate 
of  purchase,  upon  full  payment  of  all  the  purchase  money 
and  interest  due  on  said  land.  (Act  April  12,  1869,  Sec. 
10.) 

Sec.  7728.  Commissioner  may  make  deed  to  heirs. 
— If  any  person  who  shall  have  purchased  any  portion  of 
the  sections  of  school  lands  from  the  collector  of  any  of 
the  counties  of  this  state,  and  paid  one-fourth  the  pur- 
chase money  therefor*  and  received  a  bond  for  title  from 
such     collector,     shall  die  before  such  payment  is  fully 


171 


DIGEST  OF  SCHOOL,  LAWS 

:i>iade,  and  the  executor,  administrator,  guardian  or  legal 
representative  of  such  deceased  person  shall  pay  or  cause 
tr-  be  paid  the  balance,  if  any,  that  shall  be  due  to  the 
collector  on  such  purchase,  upon  the  certificate  of  the  col- 
lector of  the  proper  county  that  the  whole  of  the  pur- 
chase money,  with  all  the  interest  due  thereon,  has  been 
fully  paid,  the  commissioner  of  state  lands  shall  forth- 
with execute  a  deed,  as  is  now  required  by  law»  to  the 
heirs  at  law  of  such  deceased  person.  {lb.,  Sec.  11,  as 
amended  Act  February  16,  1885.) 

Sec.  7729.  Land  shall  stand  charged. — The  land 
thus  conveyed  to  the  heirs  shall  stand  charged  with  the 
amount  of  money  necessarily  advanced  to  the  school  fund, 
in  order  to  procure  title,  and  shall,  in  other  respects,  be 
chargeable  with  the  rights. and  incumbrances  that  would 
have  attached  had  it  descended  regularly  to  the  same 
heirs. 

Sec.  7730. — Patents  made  valid. — All  patents  issued 
for  sixteenth  section,  or  any  part  thereof,  or  common 
school  land  during  the  war  between  the  states  and  all  of- 
ficial acts  of  the  officers  of  this  state,  in  regard  to  such 
lands,  during  the  said  war,  and  also  all  deeds  made  by  the 
common  school  commissioners  of  the  several  counties  in 
compliance  with  an  act  of  the  legislature  of  the  stata, 
entitled.  "An  act  to  relieve  certain  citizens  of  Arkansas 
who  purchased  school  lands,"  passed  March  4,  1867,  are 
hereby  confirmed,  ratified  and  made  valid,  and  full  faith 
and  credit  shall  be  given  to  said  patents,  deeds  and  offi- 
cial acts  in  all  the  courts  of  this  state.  Provided,  nothing 
herein  shall  be  construed  to  prevent  the  setting  aside  of 
•any  of  said  deeds  or  patents  for  actual  fraud  or  mistake. 

Sec.  7731.     Rights  of  state  vested  in  owner  of  pat- 

172 


DIOBST  OF  SCHOOL  LAWS 

ei:ts.— Any  right,  title  or  interest  which  the  state  of  Ark- 
ansas may  have  acquired,  or  holds  by  virtue  of  any  judg- 
ment, decree,  execution  or  sale  of  any  court  in  this  state 
in  lands  for  which  patents  or  deeds  have  been  made  and 
issued  as  mentioned  in  Section  7730  is  hereby  vested  in 
the  proper  owners  thereof  under  such  deeds  or  patents. 

Sec.  7732.  Attorney  may  dismiss  suits. — The  at- 
torney representing  the  state  of  Arkansas  is  hereby  in- 
structed and  required  to  dismiss  all  suits  now  pending  for 
school  lands  where  patents  or  deeds  have  been  made 
therefor,  as  specif-ied  in  Section  7730,  or  if  it  does  not 
appear  on  the  face  of  the  pleadings  filed  that  such  patentjj 
or  deeds  have  been  made,  then  the  patent  or  deed  may  be 
pleaded  in  bar  of  the  suit,  or  the  court  may  dismiss  the 
suit  on  exhibition  and  profert  of  such  deed  or  patent;  and 
v/here  judgment  or  decree  has  been  entered  and  sale  has 
not  been  made,  the  states  attorney  shall  enter  satisfac- 
tion in  full  thereof  on  the  presentation  to  him  of  sucJi 
deed  or  patent. 

Sec.  7733.  Commissioner  required  to  execute  deed. 
— If  any  purchaser  of  school  lands  shall  have  paid  the 
purchase  money  thereof*  and  received  no  deed  or  patent 
therefor,  or  if  any  person  now  owing  for  school  lands 
bought  shall  hereafter  pay  out  his  indebtedness  therefo-:, 
and  shall  produce  to  the  commissioner  of  state  lands  sat- 
isfactory evidence  of  such  payment,  the  commissioner  of 
state  lands  is  authorized  and  required  to  execute  to  su:;h 
person,  or  to  his  legal  representative,  a  deed  conveying 
all  the  right,  title  and  interest  of  the  state  of  Arkansas  in 
such  lands ;  but  if  the  payment  has  not  been  made  before 
suit  is  begun,  the  purchaser  shall  also  pay  the  costs  of  the 
suit.  (Act  December  14,  1875,  as  amended  by  act  March- 
Si,  1885.  Sec.  18,  and  act  of  February  16,  1885,  Sec.  2.1 

173 


DIGEST  OF  SCHOOL,  LAWS 
LEASE   OF   SCHOOL  LANDS. 

Sec.  7734.  Lands  shall  be  leased. — All  school  lands 
a.i  any  county  in  this  state  susceptible  of  cultivation  shall 
bo  leased  by  the  county  collector  of  said  county  from  the 
first  to  the  tenth  of  January  in  each  year.  (Act  April 
12,  1869,  Sec.  12.) 

Sec.  7734-a. — County  judges  authorized  to  lease. — 
The  county  judges  of  the  state  of  Arkansas  are  hereby 
authorized  and  empowered  to  lease  any  tract  or  parcel  of 
wild  and  uncleared  sixteenth  section  school  lands  situated 
in  their  respective  counties,. for  a  term  not  exceeding  five 
(5)  years,  on  terms  satisfactory  to  said  judges,  upon  the 
lessee  entering  into  a  good  and  sufficient  bond  to  be  ap- 
proved by  said  county  (judge)  for  the  faithful  perform- 
ance of  this  lease  contract. 

Sec.  7734-6. — Notice  of  time  and  place  to  be  given. 
— Whenever  the  county  judge  of  any  county  in  this  state 
shall  desire  to  lease  any  lands  under  the  provisions  of 
this  Act,  he  shall  first  cause  notice  of  the  time  and  place 
of  the  leasing  of  said  lands,  together  with  a  description 
thereof,  to  be  published  in  some  newspaper  published  in 
said  county,  or  by  posting  written  or  printed  notices  in 
ten  conspicuous  places  in  said  county,  one  of  which 
shall  be  at  the  court  house  and  one  on  the  land  to  be 
leased,  thirty  days  before  the  leasing  of  the  same. 

Sec.  7734-c. — Cleared  land  to  be  rented  annually.— 
All  lands  cleared  and  put  in  cultivation  under  the  pro- 
visions of  this  act,  shall  after  the  expiration  of  the  lease 
contract,  be  by  the  sheriff  of  the  county  renewed  annually 
in  the  same  manner  as  now  provided  by  law  for  the  rent- 
ing of  sixteenth  section  school  lands. 


174 


DIGEST  OP  SCHOOL  LAWS 

Repeaung  Clause  :     That  this  Act  shall  be  in  force 
■from  and  after  its  passage*  and  that  all  laws  and  parts 
of  laws  in  conflict  herewith  are  hereby  repealed.     {Acts 
1905,  Act  156.     Approved  April  13,  1905.) 

Sec.  7735.  MUst  be  leased  at  public  outcry. — The 
manner  and  terms  of  leasing  said  lands  (this  refers  to 
lands  mention  in  Section  7734)  shall  be  by  public  out- 
cry to  the  highest  bidder,  the  lessee  paying  one-half  the 
amount  of  rent  in  cash  at  the  time  of  leasing  and  the 
balance  at  the  end  of  the  year.     lb.  l 

Sec.  7736.  Twenty  days  notice  must  be  given. — At 
least  twenty  days*  public  notice  of  the  time  and  place  of 
offering  such  lands  (this  refers  to  lands  mentioned  in 
Section  7734)  for  rent  or  lease  shall  be  given  by  said  col- 
kctor  by  publishing  the  same  in  the  newspapers  of  the 
county  and  by  posting  up  hand  bills  at  the  most  promi- 
nent points  throughout  the  county.    lb. 

Sec.  7737.  Collector  may  rent  privately. — If  any 
school  lands  offered  for  rent  or  lease  at  the  time  and  in 
the  manner  above  indicated  shall  not  bring  such  price  as 
the  collector  shall  think  a  reasoonable  rent  therefor,  he 
shall  be  authorized  to  rent  the  same  by  private  contract 
for  the  ensuing  year,  or  for  a  longer  term  if  he  shall 
deem  it  expedient.     lb. 

Sec.  7738.  Prior  occupants  required  to  pay  rent. — 
The.  occupants  of  school  lands  prior  to  the  passage  of  thi.s 
act  shall  be  required  to  pay  a  reasonable  annual  rental 
during. the  time  said  lands  have  been  so  occupied. 

Sec.  7739.  Usages  of  other  lessees  shall  govern. — 
The  lessees  of  school  lands  shall  be  subject  to  the  same 


175 


DIGEST  OF  SCHOOL  LAWS 

provisions  governing  the  lessees  of  other  property.  Pro- 
vided, it  shall  not  be  rented  for  a  less  amount  than  was 
offered  at  puiblic  sale.     76. 

CUTTING  TIMBER  OFF  SIXTEENTH  SECTION. 

Sec.  1929.  Unlawful  to  cut  timber. — It  shall  not  oe 
lawful  for  any  person  to  cut  or  remove  any  timber  or 
stone  off  the  sixteenth  sections  of  school  land,  for  the  uie 
oi  schools,  or  any  section  or  fractional  section  selected  in- 
stead of  the  sixteenth  section. 

TRESPASS  ON  SCHOOL  LANDS. 

Sec.  1932.  Penalty  for  trespass. — Every  trespasser 
upon  the  school  lands  shall,  upon  conviction,  be  fined  in 
three  times  the.  amount  of  damages  done,  and  shall  stand 
committed  as  in  other  cases  of  misdemeanor.  (Act  April 
12,  1869,  Sec.  13. 

ESTRAY  FUND. 

^EC.  7862.  Fund  shall  go  to  school  fund.— Eweiy 
person  who  shall  take  up  an  estray  beast  which  shall  not 
be  reclaimed  by  the  owner  within  one  year,  shall  pay  into 
the  county  treasury  in  which  such  estray  was  taken  up, 
one  half  of  the  residue  after  deducting  all  legal  expenses 
from  the.  appraised  value  of  the  beast,  and  shall  file  the 
county  treasurer's  receipt  for  the  same  in  the  office  ot 
the  county  clerk,  and  the  county  clerk  shall  charge  the 
county  treasurer  with  all  such  funds  as  shall  be  paid  into 
the  treasury,  and  all  such  funds  shall  be  apportioned 
among  the  several  districts  of  the  county,  as  other  funds 
are  now  apportioned.     (Act  March  15,  1897.) 

176 


INDEX 


A 

Fage 

AGRICULTURE  AND  HORTICULTUKK: 

Must   be   taught   in   public   schools 115 

ANNUAL    SCHOOL    ELECTION: 

Special   school   districts  141 

ANNUAL   SCHOOL   MEETING: 
Common  School  Districts — 

Who   hold   meetings,    when    87 

Voters'     qualifications     87 

Electors,    powers   of  * 88 

How    held yi 

Ballot    contains    what 97 

County   court   to  ascertain   tax   98 

Return   to   ccunty   court   w  97 

Taxes   levied  and   collected   99 

APPARATUS     '.. 113 

Common  School  Districts — 

May  spend  twenty-five  dollars  of  common  school  fund. 
Approved  by  state  superintendent. 
Board  may  purchase  same. 

APPORTIONMENT  OF  SCHOOL  FUND: 

By   state    superintendent    '61 

Basis    of    3Y 

Ratified  by  State  Board   of  Education   « 

By    county    court    t)2 

To    new    districts 63 

County  examiners   report  to  clerk  64 

County   examiners    report   to   superintendent    84 

County  clerk  report   to  court  64 

Reimbursement   for  loss    65 

How    refunded    65 

ARBOR  DAY: 

First  Saturday  in  March.     Act  April  25,  1905. 

ATTENDANCE    OFFICER: 

(See  Compulsory  Attendance) 12,  29 

ATTORNEY    GENERAL: 

Duties,    school    fund    Kjjj 

Opinion   of,    when    given    38 

AUDITOR: 

Superintendent   has   access    to   books    38 

AUTHENTICATION ""  4^ 

Of  any  paper  or  document. 

BLANKS: 

To  be  furnished   by  state   superintendent 42,  34 

177 


INDEX 

Fage 
Directors   may  secure,    from   whom   34 

BALLOT. 

Contains    what    97,  yy 

BOOK  AGENTS: 

State   soiperintendent  not   to  act  as  3y 

County  examiner  not  to  act  as  «5y 

BOUNDARY  LINES": 

Of  school  districts  changed  by  court  61 

Petitioned   by    electors    63 

Must   give    notice   til 

BUILDINGS : 

Report  to  be  made  of   121 

Care   of,'  by  directors 108 

Site    for,    how   designated    88 

Funds   for,    how.  provided   108 

Boal'd    may   purchase    145 


C 


CERTIFICATES: 

State _ 3y 

Professional 40 

State-wide   first   grade   7 

Normal   training   certificate    156 

County,    requirements    for    82 

Revocation    of    81 

Notice   of  revocation  82 

Renewal   of,    Act   311 43,  44 

Teacher   must   hold    loy 

CHARTERS 

For  educational  institutions.     (See  Act  375  of  1911.) 

CHARTS,    GLOBES,   ETC.: 

May   be   purchased   by   113 

Amount    expended    for 113 

CLERK  BOARD  OF  DIRECTORS: 

Keep    records 120 

Make    report 121 

COLLECTORS: 

Duties  as   to  per  capita  tax   31 

COMMISSIONERS,    COMMON   SCHOOL: 
(See  State  Board  of  Education) 

COMMON   SCHOOL   (See  Free   School). 

COMMON   SCHOOL  FUND: 

Collection    of 31 

Debts    due l*>^ 

County   treasurer's    commission    on   138 

Managed  by  State  Board  of  Educat:on   5 

Sources   of — 

State   tax,    three   mills    29 

Sale    of   lands,    gifts,    etc 29 


178 


lN'i.)EX 

Fage 
Doubtful    funds    30 

COMPUI^SORY  ATTENDANCE   V2   to   !-'» 

List   of   counties   affected   28 

CONSOLIDATED    DISTRICTS    4a  et  seq. 

CONTRACTS   TO   TEACH: 

Who    may    contract loy 

On    what    conditions    lOU 

Must  be  written  in  triplicate  109 

Petition   required,    when    ill 

CORPORAL    PUNISHMENT     IL'5 

(See  notes  ard  decisions). 

COUNTY   CLERKS; 

Report   to    county    court    64 

Notice  when  examiner  is  appointed 78 

Receive   directors   reports 121 

COUNTY   COURT: 

Apportionment    by    62 

Apportionment   of  doubtful  funds   '^0 

Appoint     directors     ^^ 

Chang-e    of   districts    - 45  et  seq. 

To  appoint  county  examiners  65 

Transfers     126  et  seq 

Appoint   uniformity   board lOU 

Call   election    (Act   321) 151 

COUNTY    EXAMINERS    (See    Examiner)    65  et  seq. 

COUNTY,  NEW: 

Reimbursed   for   loss    -. 65 

COUNTY    SUPERINTENDENT 66  et  seq. 

(Act  of  1907). 

COUNTY  UNIFORMITY  OF  TEKT  BOOKS   (See  Text  Books)   99  et  seq. 

COURSE    OF    STUDY    1" 


D 


DEBTS   DUE   SCHOOL  FUND   32 

DICTIONARIES    (See    Charts) 113 

DIRECTORS     „ 1^4  et  seQ. 

How    elected    «8,    141,    92 

May   not  be   county   examiners   78 

When  to   qualify  , 104,    143 

Who   to   administer    oath    105 

Penalty  for  refusing  to  serve  105 

Penalty  for  nonperformance  of  duty 105,   123,    130 

Penalty  for  failure  to  report  tax 130 

Qualifications    8^ 

Vacancy,    how    filled    105 

Must  establish  separate  schools   106 

Have   general   charge   lOS 

Must   contract   with   teachers  109 

Must  certify  to  their  reports   123 

Must    adopt    text-books    114 

Must  furnisn   register  116 

179 


INlDEX 

Fage 

Must    visit    the   schools    117 

Must    submit    estimate   117 

Must    defend    for  district    118 

Must   draw   orders   on    treasurer   118 

Must   not   employ  teachers   in   certain  cases Ill 

Duties  of  clerk  of  board  120,   147 

Must    report   to   county   clerk   121 

Must   report   to  county   examiner  122 

Must    not   employ   relatives Ill 

Must  settle   with   county   treasurer   123 

May  borrow  money  153,   151.   54 

May  permit  elder  persons   to  attend  school 125 

May    suspend    pupils    124 

Duties  at  to  compulsory  attendance  12  to  29 

Duties  at   to   rules   125 

Duties  as   to   transferred   children 128 

Duties   as   to   private   schools   .^. 121) 

Kxempt   from   working-   roads    : 130 

For  separate   school    districts   139  et  seq. 

Penalty    for    false    oath    123 

Lee   Day   to   be    observed    114 

Must   close  schools   in   certain   cases   129     , 

Penalty    for    fraud    137 

Must  give  notice  of  election   119,   142 

Require    teaching    of    agriculture    115 

Require   teaching   of   physiology  and    Hygiene 114 

May    insure    school    buildings    - ...113 

DISTRICTS: 

Common 45  et  seq. 

Special     m 139  et  seq. 

Consolidated     49  et  seq. 

Rural     Special 151 

Tax    limit    11 

Dissolution    of    tJl 

Boundaries    of    45 

Changes    of 45 

Style   and    name   of   46 

New    districts     48 

Transfers   from   one  to  another  '. 126 

Must    be    numbered 85 

Inhabitants  of  to  be  encouraged,   how 83 

In   two   or  more   counties   : 57  et  seq. 

Notice   of   change 45 

Number    required    for    formation    48 

New  district  liable  for  debt  49 

Shall  be   known   by  name   of  city  148 

Eminent    domain 46,    47 


E 


ELECTION: 

School    ST.    140,    50,    9^ 


180 


INIDEX 

fage 

Who   may   vote   87 

How    to    organize „ 88 

What  may  be  done  at  88,   »0 

Who    to   hold   »l 

Time  for  opening  and  closing  polls  93»   142 

Forms   of  ballots '.92,    97,    99,    66,    95 

Who   to   count   :....    97 

.  Duties  of  election  judges  97,  142 

Duty   of   county   clerk    98 

Duty  of  county  court  98 

In    separate    school    districts    141 

County  uniformity  of  text  books   99 

When  held  141,   99,   92,    87 

ELECTORS: 

Must  have  poll  tax  receipt   87 

Powers    of    88 

Qualifications 87,  '  150 

:ejlementary  agriculture   m im 

EMINENT    DOMAIN    46 

ENUMERATION: 

Report,    contains    what    122 

When    taken    ...'. : 12.2 

Duty    of    whom    122 

Penalty    for    failure 123 

ESTIMATE   OF   DIRECTORS: 

Must    include    v/hat    IIY 

ESTRAY     FUND     : 176 

EXAMINATIONS: 

Must  be  public  and  quarterly  79 

Private    80 

Re-examination    81 

Where    held    79 

Professional 40 

State    : , •  39 

State-wide    first   grade  7 

County    examiner   -78 

Fees    79 

EXAMINERS: 

Appointment  of  65 

Duties  of  clerk  78,.  86 

Duties    of   judge   65 

Duties   of  state  superintendent  78 

Examination   of  78 

Expenses    of    .86 

General   duties   of 79 

How    removed -45  : 

Institutes   must   be  held  by  ».43 

Lee   Day   to   be "  observed   .:._n4 

May   not   be   a  director   "78 


181 


INDEX 

I'age 

Must   hold   public    quarterly   examinations 79 

Must   keep    record    of   licensed    teachers. 83 

Must   prepare   a   report   84 

Must   number   school   districts    85 

Must  encourage   the   people  ._. 83 

i  Penalties  for  failure  to  perform  his  duties..., 86 

Qualifications     66 

'.  Require   agriculture  to  be  taught  116 

Revocation    of    license    S'l 

Salary    of    78 

Must    take    oath    7V 

Time    to   report    84 

Must   furnish   pupils    certificates   86 

May    renew    license    44 

Exempt  from  road   duty  130 

Chairman   of   uniformity  board    100 

May   not   be   book   agent   39 

EXEMPTIONS: 

From    road    duty 130 

|Who    are    exempt    130 


F 


FREE  SCHOOLS:  . 

Definition    of ^ 

High   schools   may  be 147 

Failure  of  county  to  receive  school  fund 65 

Fund,    common    school    29 

Claims    due,    how    collected    3:^ 

Limit   of   taxes   for  11,    ^8 

Per   capita    tax   for   11 

Power   to    tax   for    - n 

Right    to    attend    3 

Support    of    : - 2 

What  may  be  taught   in  10,    8J 

FUNEKS: 

Common    school    ^^ 

Treasurers    to    report 1^8 

Treasurer's    commission    on    138 

To    be    invested ^ 

How    apportioned 37,    6 

How  paid  out  of  state  treasury  6 

Estray    fund    - l"^** 


G 


GLOBES,   ETC.: 

Who    may    purchase 113 

By    whose   authority    113 

GRADED  COURSE  OF  STUDY: 

Shall   consist   of  what   41,    114,   115 

Shall  be  prepared   by  whom   — -- 10 

Must  be  used  in  schools  *- 


182 


IINDEX 
GRADES  OF  CERTIFICATES   (See  Certificates). 

H 

HIGH    SCHOOLS: 

Who    shall    establish 145 

State    aid   for 154  et  seq. 

Hygiene    114 

I 

INCOMPETENCY  OF   TEACHER: 

May   be   removed   for    81 

Contract   no  defense   for   146 

INSTITUES: 

Courity    examiner   to    hold    43 

Teachers    must    attend    43 

County  superintendent   to  hold   74 

Who    may    assist 44 

Shall  hold  how   long  4iJ 

Must  be  held   in  June   43  '■ 

Must  not  be  held  during  examination  133        ..;   j 

INSTITUTIONS   OP  KEARNING.  .^l"^^ 

Charters    granted    7 

(See  Act  375  of  1911). 

INSURANCE: 

Directors    may   insoire    building    113 

INSULTING   TEACHER: 

Penalty    for ibo 

J 

JUDGE,  COUNTY   (See  County  Court). 


L 


LEASE   OF  SCHOOL  LANDS: 

Must    be    leased    publicly    ...-. 174 

Notice   must   be  given   : 174 

Collector   may    rent    privately    I7ft 

Usages    shall    govern    1V5 

LEE     DAY     114 

LICENSES  TO  TEACH  (See  Certificates). 

-  M 

MAPS  (See  Charts). 
MAYOR: 

Duties   of  in   separate  districts   140 

MONTH: 

Term    defined    - 113 


N 


NOTICE: 

Of  annual   school   meeting   ll'j 


183 


INDEX 

Fage 

Of  compulsory   attendance   ^ 12,    29 

Of    change    in    district    61 

For  formation   of  separate  districts   - 140 

For  lease  of  school  lands  174 

For   revocation   of   license    82 

For  change  of  site,   etc 119 

NORMAL  TRAINING   HIGH    SCHOOL.  CERTIFICATE 156 


O 


OATH  OF  OFFICE  OF  DIRECTORS 105,   145 

OFFICERS: 
See- 
State  Superintendent. 
County   Superintendent. 
County  Etxaminer. 
Directors. 
Attendance  Officer. 


P 


PATENTS    - ^ 171,     ITi- 

PESRMANENT    SCHOOL    FUND    : 29 

PETITION: 

For    Consolidated    Districts    50 

For    separate    districts    140 

For    transfer    liJ<> 

To  employ  teachers  related  to  directors   Ill 

For   rural    special    districts    151 

PHYSIOLOGY 114 

POLL   BOOKS: 

To  be  iised  by  directors   in  annual  meeting 34 

To  be  furnished,   by  whom   34 

To  be   returned,    to  whom   97 

PRIVATE   SCHOOLS: 

Directors    may    permit    129 

I'ROSECUTING  ATTORNEY: 

Duties   as   to   school  fund   139 

On  violation  of  law,   duty  of  139 

PUBLIC   SCHOOLS   (See   Free   Schools). 

PUBLISHERS: 

Must    furnish    bond 102 

Must    furnish    samples    103 

PUNISHMENT: 

Who    may    administer    125 

May   not   be   too  severe   - 125 


0 


QUESTIONS: 

To  be   furnished   by   state   sujperintendent 79 

Shall   be   sealed    79 

Shall   be   opened  when   —  79 


184 


INDEX 


R 


RACES,    SEPARATE    SCHOOLS'    FOR 106,     ll'« 

REMOVAL: 

Of   teacher    146 

Of    county    examiner    45 

RENEWAL   OF   LICENSE   44,    15« 

REPORT: 

Of   state    superintendent    35 

Of   county   examiner    84 

Of  school    directors    to   county   examiners 122 

Of   school   directors    to    county   clerk   121 

Of   county    superintendent    72 

Of    teachers    <jy 

REVOCATION  OF  LICENSE: 

Of  teacher 70.   146,    81 

Of    county    examiner , 45 

RIGHTS: 

Of  district   over  funds  62 

Of    parties    transferred    128 

Of  Directors — 

In    common    school    districts    104  et 

In  special   school   districts    13»  et 

In    consolidated    districts    51  et 

Of  Electors 140,    141,    142,   87-91,   92,   50.    151 

RUIiES: 

Directors   may  make 106,    124,    145 

Teachers   enforce - 131   et  seq.,   147 

RURAL.    SPECIAL    DISTRICTS    151 


SALARY: 

Of  Examiners — 

Shall    not    exceed    what    7*8 

Fee    for    report    86 

Fee   for   expenses    86 

Of  County   Superintendents   74,    75 

SCHOOL  DIRECTORS   (See   Directors). 

SCHOOL  DISTRICTS   (See   Districts). 

SCHOOL  LANDS: 

Inhabitants   may   petition   for  sale   161 

Shall    be    appraised    163 

Shall  give  notice  of  sale  ...163 

Sale   shall   be   public    164 

Court   may  affirm   sale   of   : 165 

SCHOOLS   (See  Free   Schools). 

SCHOOLS    FOR    CITIES'   AND    TOWNS    (See    Special    School    Districts). 

SCHOOLHOUSES: 

Tax  must  be  voted  for  11,    88 

Directors   to  have  charge  of  and  contract   for 108 


185 


INfDEX 

I'age 

Not  lawful  to  fix  a  site  for,  or  vote  tax  for,  when liy 

Private  school  may  be  taught  in  129 

Penalty    for    defacing    13& 

In  special  districts,   board  has  power  to  act 145 

SCHOOL    LAWS: 

State    superintendent    to    publish    38 

SEAL    OF    STATE    SUPERINTENDENT : 

Shall    adopt    ii 

He  shall   affix   seal   38 

State   Board   of   Education   '. 11 

SECTARIAN    BOOKS    PROHIBITED    134 

SEPARATE  SCHOOL  DISTRICTS   (See  Special  School  Districts). 

SEPARATE    SCHOOLS: 

For    both    races 10« 

When    not   exceeding   ten   126 

SINGLE  DISTRICTS  (See  Special  School  Districts). 

SITES    FOR    SCHOOLS   119,    91,    145 

SIXTEENTH    St^CTIONS    30,    174,    161  et  seq. 

SPECIAL    SCHOOL   DISTRICTS: 

Monthly    meeting   of   board    144 

May    borrow    money    153 

Organization    of    I3y 

Powers    of    board    143  et  seq. 

Board   shall   control    property   148 

Taxes  paid  to  district   treasurer  31,   32 

Shall  be  known  by  name  of  city  148 

Limits    coincide   with    city    13y 

Right    of    eminent    domain    46 

Rural    special    districts,    elections    92  et  seq. 

When  not  in   incorporated  towns   92,    151 

General   school  laws  shall   apply,   when   150 

STATE   BOARD   OF  EDUCATION:    • 

Organization 3,     4,     5 

Common    school    fund    4,     5 

Grant     charters '. ^    Y 

State-wide    first    gi-ade    licenses    7,     8 

State    licenses    y 

General    powers 10 

State   high   school   board    154  et  seq. 

STATE  SUPERINTENDENT  OF  PUBLIC   INSTRUCTION: 

Chairman   State   Board   of  Education   3 

Apportionment    by 37 

General    duties    of    33  et  seq. 

To  publish  laws  and  render  decisions   38 

Vacancy    in    office    39 

Not  to   act  as  agent   39 

To   grant   state   certificates    39,    40 

Must    examine    county    examiner    78 

Report   of,    includes   what   35 

Shall    furnish    examination    questions    33 

To   grant    professional    licenses    49 

18« 


INJOEX 

Fag© 

Shall  adopt   seal    - 43 

Advise    special    districts    , 150 

Prepare   program   for  Lee   Day  114 

SUITS  AT  LAW: 

Directors'    duties ^ US 

May    employ   lawyers    .'118 

SUPERVISION  OF  PUBLIC  SCHOOLS: 

To    whom    confined    33 


State   Superintendent. 
County  Examiner. 
County   Superintendent. 
School  Directors. 
SUSPENSION  OF  PUPILS: 

In    whom    vested    1^4 

For   what    causes    ; : 1^4 


TAX    LEVY    - 11,    88 

TEACHERS: 

Assistants    must    hold    license    109 

Assistants   must  have   contract  _. Ill* 

Cannot    suspend    pupils    1^4 

Causes    for    revocation    of    license 81 

Certificates,  grades  of  39,  40,   82,   9,   ISC,     7 

Certificates    expiring  while   teaching,    effect   of 131 

Examination    of 79 

Moral    character   of    :.. 80 

Must  pay  fees  to  county  treasurer  79 

Must  contract  with  directors 109 

Must    hold    license    131 

Must    use    register    134 

Must  report  infraction  of  rules  124 

Must  believe  in  a  supreme  being  81 

Must   teach   only  subjects    on   certificate   83 

Must   attend    county   institutes    43 

Must  not  permit  sectarian  teaching  134 

Penalty  for  failure  to   report   134 

Penalty  for  teaching  without  licerise   ...131 

Power   as   to   rules    124.    125 

Power  as    to    corporal   punishment    125 

"What    teachers    must    report    116 

With    certain   vices,    may   not   teach 81 

Wages,    how  affected   by   revocation    82 

Removal    of 81,    82 

Must    teach   adopted   books    102,    114 

Must    present    petition,    when    related    to    any    one    of 
directors ill 

TEACHERS   INSTITUTES    (See    Institutes). 

VEXT   BOOKS: 

Directors    to    adopt    ...^ 114 


187 


IN/DEX 

I'age 

Uniformity    of    y»  et  seq. 

How     adopted yy 

Who    shall     appoint     board 100 

Duty    of    publishers    102,     103 

Compensation    of    board    101 

Examiner    shall    be    chairman    100 

Special    districts    may    accept    _ 103 

TRANSFERS: 

General    power 126  et  seq. 

Colored    children,    ten   or  leg's  126 

White    children,    ten   or   less 126 

Taxes     of 127 

Rights    of   ti-ansferred    persons    to   vote 128 

Persons    transferred    may   be   director   128 

Can   be    made   only   into   adjoining   districts 128 

TREASURER: 

State 6 

County 79,    136,    137,    138 

Ordei-s  of  directors  upon    119,    134 

Duties  as   to  funds  of  transferred  children 129 

Commission   on   school   fund    138 

Report    to    state   superintendent    138 

Notice    of    funds 137 

Keep   recoM   of  warrants   136 

Pay  warrants   in  order  of  registration  137 

TRESPASS: 

Penalty     for     156 

Tl'ITION: 

iWho  to  pay  126,    145 


U 


T^Ml-'ORMITY  OF  TEXT   BOOKS    (See   Text   Books). 

V 

VACANCIES: 

In   office   of   superintendent    of   public   instruction 39 

In    office    of    examiner    65,    45 

In   office    of   director   105,    144 

VISITS: 

Of    county   superintendent    71 

i  Of    directors     117 

1    ;  In    separate    districts    149 


W 


WARRANTS: 

Must   be    di-awn    by    whom    118.    147 

By    whom    paid - US' 

Unlawful   for  certain  officers   to  own   136 

District    tax    payable   by   warrant   136 

Paid   in   order   of   registration   -. l-^S 

Time    for    presentation 1^5* 

Of    special    districts    '- l-*7,    1»3 

138 


•4iyso'd4 


13  ;isp-f 


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